EDA 1995 08 24FILE COPY
AGENDA
HOUSING & REDEVH.OPMENT AUTHORITY
THURSDAY, AUGUST 24, 1995, 7.'00 P.M.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
CALL TO ORDER
1. Approval of July 20, 1995 Minutes.
VISITOR PRESENTATIONS
Anyone wishing to address the HRA may do so at this time.
NEW BUSINESS
,
Consider Approval of the Purchase Agreement with Apple American Limited
Parmership of MN (Applebee's).
3. Consider Approval of the Purc~ Agreement with Tires Plus.
.
Take Formal Action Regarding the City Council's Request for all HRA Members to
Resign.
HRA PRESENTATIONS
5. Approval of Bills.
ADJOURNMENT
CHANHASSEN HOUSING AND
REBEVELOPMENT AUTHORITY
REGULAR MEETING
JULY 20, 1995
Chairman Boyle called the meeting to order at 7:00 p.m.
MEMBEI~ PRESENT: Gary Boyle, lira Bohn, Don Chmiel, and Mike Mason
MEMBER~ ABSENT; Charlie Robbins
STAFF PRESENT~ Todd Gerhardt, Asst. Executive Director
APPROVAL OF MINUTES; Chmiel moved, Bohn seconded to approve the Minutes of the
Housing and Redevelopment Authority meeting dated June 22, 1995 as presented. All voted
in favor and the motion carried.
REQUF-qT FOR HRA ASSISTANCE IN DEVELOPING A RF.,~TION FACILITY IN
THE FRONTIER CENTER BUILDING~ CHRIS POLSTEI~
Todd Gerhardt presented the staff report on this item and introduced Chris Polster to the
HRA.
Chris Polster: I'm not sure exactly, have you seen the outline?
Boyle: Yes, we have it in front of us Chris.
Chris Polster: You do have it, okay.
Boyle: I assume the outline is the how much you're proposing for Chanhassen.
Chris Polster: Right. And of course what I'm in the process of doing is putting together a
business plan to I guess hopefully demonstrate the potential for ifs acceptance. My attorney
and a gentleman that I'm working with, who is an architect is here basically to kind of listen
because they're helping me to do research and making contacts in the right areas of design
and everything else. So they're kind of here to listen, as much as anything. Basically what
this facility is, I've been working on it probably for 5 years now. Basically trying to talk to
Vernelle and Clayton and to me that facility out there, do you know which one I'm talking
about? The Frontier Center, is good for almost nothing else as is anyway except indoor
recreation. This facility is not meant to be competitive with the gym and you would notice in
this outline for instance that our new recreation center and this are very much different as far
as what goes into them. What activities are involved with them and that's purposeful. It isn't
an intention of mine certainly to be competitive with student recreational opportunities. In
Housing and Redevelopment Authority - July 20, 1995
fact I find them to be complimentary more than anything else. The new recreation center,
which is a god send to us but frankly it's going to not be enough already. You know we're
going to be so crowded in that, that I think a variety of the other opportunities certainly isn't
going to make I guess one or the other less acceptable because they're both present in the
community. The main mission that I personally have in mind I guess, or my motives, if I can
make a living working with kids, that's kind of a dream come true situation for me. I spent
almost all of my volunteer time in my life working with kids, whether it be with tho CAA or
previous community organizations. And it's just, I guess everybody's got a hobby and that's
kind of my hobby. Working with kids, particularly the baseball, softball types of activities.
So what I've been struggling with personally, I guess it's not...I'm not motivated by making
the city beautiful behind the Dinner Theater or anything else. I won't kid you about that but I
find it to be a useful looking facility for what we can do with that. To make this business
"successful", based on the research that I've done with other successful and unsuccessful
businesses, it has to be space that's used constantly and in order to do that, it has to have a
variety of different activities that are interchangeable, and that's what you'll see here. You
know you might look at all 12 of these things, which may not be totally what we can have in
there but, you look at the building and say how can you get 12 things in there? You know
that's not that big. 22,000 square feet isn't that big. But what this would be is
interchangeable type of activity. The equipment you can bring on the floor. You can take off
the floor. Bring different equipment on. Take different equipment off. And basically what
we're trying to do is just design a very multi-purpose type facility with activities that aren't
commonly found in a local gym. What kinds of things do we need to do to make it
successful to attract kids. I guess the first thing I have, that I think about that every kids has
in common, what do they all like to do is eat, basically. You know that's one thing I think
every teenage kid has in common. They like to eat. So I think to make this important, you
have to figure out a way to get food in there. Personally I don't want to have a restaurant. I
don't want to compete with other restaurants but I do want to create a social environment so
what I'd like to do for instance is talk to the other restaurants and say, I'd like to get a menu
selection from each of you. You know put on here...if you've ever been to Davani's, you
know what it's like to go up to the counter and order some food and then 20 minutes later it
appears at the table, or at the counter. Same situation here. One of the great things about
Chanhassen that is probably very unique, at least that I have found in the community, is a
downtown area. You know everything is in the downtown area, by this facility, about 30
seconds away. So it's not too much farther to a restaurant than it is to a kitchen. So to make
it successful, I think you have to have food and that's how I would get food. Assuming that
I'd get the restaurant owners to work with me. Preliminary interest has definitely been
appealing. I've asked for no commitments. I've gotten no commitments because I have
nothing obviously to offer. But I've been talking about the idea. It seems like it's not
impractical. That's not to say that it is practical, but it's not impractical. As part of the
activities, a variety of activities. One of the things, another thing that I'd like to create is
Housing and Redevelopment Authority - July 20, 1995
something that is very unique, even in the metro area. That being wiffieball. Believe it or
not, I do have commitments from 8 teams from here to Jordan that would like to play
wiffieball in an indoor stadium all year long. The popularity, believe it or not of wiffieball is
growing around the country and I don't know if any of.you saw Sports Illustrated about a
month ago. It was actually the city of Cincinnati is actually building 4 outdoor wiffieball
stadiums, just kind of like our Lake Ann complex and they're springing up all over the
country. To my knowledge there aren't any indoor wiffieball stadiums. One of the things we
would create is an actual replica type of situation. Obviously you can't have a replica stadium
so to speak in a small place like that, but something very traditional looking. Stadium like
looking. Something that's just going to be fun to go to and be attractive I think to a variety.
Certainly kids would like something like that. Believe it or not, these 8 teams are all adult
teams so it's, another thing I think we have to do is it's got to bo more than just for the kids.
It's got to be something for a lot of people and adults, because kids aren't really going to
patronize it, at least older kids aren't going to patronize it, I don't think, at least on
weeknights because they're got their varsity games. They've got their homework. They've
got all these other competitive types of situations going on. So if we keep it busy on
weeknights, that is an example of one of the activities that we would use to draw a different
demographic cross section of people. An arcade, as an obvious. You know it's a low
overhead type of situation that's a revenue producer. Rock climbing wall is actually
something that was suggested by a gentleman in the community that I believe has been
working with you Don, Gary O'Neill saying, you know, I think you've got a block of kids
there. He's a scout master and he brings flocks of kids over to the Bloomington and to the
St. Paul all the time. So I did some research into those facilities and they are in fact quite
popular. So the beauty of that is it's all vertical space. Not...lot of space. So again, as a
revenue producing type of activity...produce that kind of revenue. It doesn't take up a lot of
space so you can all this other. Short of going through everything on here, because obviously
you can read. What I think I need to have is community involvement. For one thing I still,
after 5 years, I don't believe I'm being taken too seriously by the Dinner Theater people. I
should say the property owners. I'm not saying, the property owners, for one reason or
another. I don't know if it's because they have different agendas maybe than I have or
whatever and that's not meant to be criticism of them. It's just from a business perspective,
we haven't been able to even come close together. I think the only way that is going to
happen is if the community does show some support for the need. And that's really what I'm
here to ask you for. First of all support. From a financial perspective it is, I believe a TIF
district. I think there's some advantages. You're going through a big program fight now with
the rest of that particular area. I think it fits in with your dreams for that particular area, as
far as it being a family area. I think it would be complimentary to the type of businesses that
you want to put in there. So that's basically what I'm here to ask for is the same maybe kind
of consideration that you might be giving to other redevelopment projects. I'd like you to
consider it as a worthy project and then I guess I'd like to ask that you and staff work
Housing and Redevelopment Authority - July 20, 1995
together to find out what kind of things can you do. It is difficult to succeed as a youth type
of business. It's just a fact of life so. You know I'd like that to be different but it's a fact of
life. A business without help from the community just isn't going to make it... So I don't
know personally what kinds of things are legal and practical and sensible to do but as a
visitor presentation, I guess I'd like to get it on the agenda to maybe we work together to try
to figure out how we can help each other. What I would do for you is give a place for the
kids to go. I think a lot of variety of types of kids with different interests and I guess what I
would ask you to do for me is help me succeed in doing that somehow. Any questions?
Boyle: We'll go around. Thank you Chris very much. Mike, why don't we start with you.
If you have any comments.
Mason: I'm intrigued. About a million questions pop into mind. And I'm not sure Chris
quite honestly that you're necessarily the one even to answer them. I'm very intrigued about
something like this happening in Chanhassen. Lord knows we have thousands of children.
And I guess I'm not even sure where to begin.
Chris Polster: Now's a good time Mike.
Mason: You're right Chris. I mean this, you know I look at this and I go, well god yeah.
Sign him up. Let's do it, you know. I'm curious to know where this would fit in with what
is already proposed for that area. I'm also curious to know, I know Don has been talking for
quite some time about some kind of youth center. What would happen if this got shifted over
to the Pauly's building. Now there'd need to be some expansion there, I would guess for that
to happen but, as it stands now, no. It wouldn't fit. But I think this is something really
interesting that I think we need to take a real long serious look at.
Boyle: Okay, Don. Comments or questions.
Chmiel: No, I think it's, maybe kids are always close to each other and I like to find ways of
keeping children within the city of Chanhassen busy, doing creative things rather than
destructive things. And I'm not saying that doing this but I think as they grow older, they
progress. They need a little more areas to go to. I think there could be a potential with
something like this, and of course I think from your aspect there's a lot of liabilities that you
have to really look at and what those may be. Right. And I'm looking too as to total amount
of dollars that we'd have from HRA, even to provide to this. I'd like to see something a little
more laid out as to what it could look like, inside as well as out. Knowing that 20 foot
ceilings are not that high but a pop fly can go up many, many feet, even with wiffieballs.
But there's a lot of things there. There's a lot of things that I'd like, or they could do it like
the dome and put another cap on it. But yeah, there's a lot of things here. I'd like to know
Housing and Redevelopment Authority - July 20, 1995
more about the demographics as to the areas we're talking about. I noticed here on the
second page that you're saying that the accessibility of 9 communities by three major
highways to 20,000 kids ages 7 to 18. I think that's great but I'm looking to, as a business
within the city being Utilized by the kids from the city and, when you own the business you
look at all aspects and I realize that. The overhead would probably be low and if some other
things that you're even contemplating that you don't even have down here and I'm sure there
are. I'd like to even find out more about that.
Chris Polster: So you'd actually like to review the business plan I have?
Chmiel: Yeah.
Mason: Gary?
Boyle: Yes.
Mason: Chris, I would kind of guess you're aware of what the current plans are for that area.
Chris Polster: Partly. I'm not as detailed oriented as you are regarding that but as I
understand it, the Frontier Center part is more conceptual at the moment say than the bowling
alley part is.
Mason: Have you talked? I mean what is, I'm assuming you've talked with Brad and
Vernelle. What have they had to say?
Chris Polster: Not much actually. That's why I say, I don't believe I'm being taken too
seriously still after all this time by them, which is one of the reasons I come to you. If you're
going to take me seriously, I think they'll take it seriously.
Boyle: Chris what type of, are they common in any amount on the lease? Is there any
dollars and cents being discussed at this stage?
Chris Polster: Well I've had quotes from years past. As Todd mentioned before...Vemelle
and she's, I guess one of the reasons I feel like they're not taking me seriously is because they
made a commitment to get me the information I needed 2 weeks ago and they're still...Again,
I don't mean to sound brash about that. Ifs a little frustrating for me but I understand their
schedule, but I think if they were taking this more seriously, they would have had the
information to me by now. It can't be that much different than it was 2 years ago, and 2
years ago what they had talked about was $2.00 a foot basically, or $48,000.00 for the whole
facility for the, just to rent part or all of it and then of course the tax burden and the...added
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Housing and Redevelopment Authority - July 20, 1995
up. I guess we'd have to research that because the city is a lot involved in that part of the
equation. That's $48,000.00 as of 2 years ago, just for the rent alone for 22,000 square feet.
So I'm not sure it's the same. One of the reasons I think they don't take it as seriously is
because they do have their own ideas for that. I know that they talked about converting for
instance that warehouse to retail space. That's one of their plans. They'll lower the ceilings
and doing everything they have to do to make this a real retail operation. And I certainly
don't discount the value of doing that. I guess I'd just like, before you do that, even from a
business perspective for them, it might cost them less to get into this business and they can
still be as profitable. I know it wouldn't be $14.00 a square foot but you don't take revenue,
you don't take profit to the bank and that's I think what they need to look at before they make
any decisions.
Boyle: Jim, how about you? Do you have some comments or questions?
Bohn: No. Just it'd be nice to have something for the kids other than just a meeting place.
Boyle: Well I sure agree with all the comments and I think everybody here agrees that this
would be something, the concept is great. The concern sometime comes on a social issue
such as this. It's easy for HRA to when it comes to a decision, you know when businesses
come it's a little bit different but when there's such a social issue involved here, it's a little bit
more difficult. I think we would have to tell the staff to look at the legality of whether we
could do it. Also the economic part of it, once we get the dollars and cents involved. I have
some concern that, we've already made a pretty heavy commitment to the overall project
down there. I mean like 17 years I believe of half taxes to develop that property. So there's
already a pretty heavy commitment on the part of the HRA for that area which we would
have to consider also at the time.
Chris Polster: Is that businesses that already include plans for the Frontier Center? Is that
part of that overall commitment?
Boyle: It would in total, yes. As far as the numbers.
Chris Polster: But I mean as far as the money that you've committed so far for
redevelopment, Frontier Center part of what you have already committed to plans?
Chmiel: Yeah.
Boyle: Yes.
Housing and Redevelopment Authority - July 20, 1995
Chris Polster: So in a sense, to clarify in my own mind. If the HRA, and Clayton and
everybody said okay, let's go for it. Would it be a matter of adding more money to that
budget or would it be a matter of redirecting?
Boyle: I don't think so Chris. I think that would really be between the proposed renter and
the Lotus. That's how I feel Todd. Correct me if that's not fight.
Gerhardt: When we did the actuals, we anticipated the amount of square footage in that
building and the tenant in that building would pay anywhere from roughly $2.00 a square foot
in taxes, just the taxes on the building. You know up level, averaged out, to $3.00 a square
foot. The concept that Vernelle was using, she would take that front glass portion and turn
that into kind of a retail element and then the middle of the building would be some type of
another use and of course the back section, as Chris knows, has already been committed to
the Maytag and the Recreational guys for storage back there. So a portion of the building
will long term be committed for storage space. But when we did our analysis in that area, the
plans called for a new facade on the building where the glass front is. That that would have
a new facade, with the boardwalk area in front of it and then a new parking lot that would
service that facility. So enough parking that would service up to 25,000 square feet of space
in there. And then there's also plans for a boardwalk area that everybody is sharing the cost
in between what is the Frontier Building and the old Instant Webb/Animal Fair area. To
make that more of a pleasant pedestrian type walkway. It was decided at the Planning
Commission if that was ever developed, that they did not want a traffic lane between the front
of the building and the back of the building. So that would become a pedestrian walkway,
landscaping, brick pavers and benches. Make it more of a pleasant walk area than an alley.
So right to date, with that parking lot and facade, the I-IRA has agreed to commit
approximately a half million dollars in redevelopment for that area based on increment flow
over a 17 year period from that facility. Whoever moves into that facility and to the HRA,
when he gets obligations, somebody is going to have to pay at least $2.00 a square foot in
taxes. Up and above $2.00 a square foot, you're going to have to have whatever Clayton
wants. Your portion of...insurance and whatever he needs to help offset any tenant payments
that needs to be made in the building, which Chris and I already know there's some water
problems and other things that need to be addressed.
Boyle: So, if I heard you right Todd, I mean we're looking at taxes alone at $48,000.00 and
then whatever the rent would be, would be on top of that or maybe $9,600.00 even.
Chris Polster: And thafs my problem.
Boyle: That's a big one. That's a big one.
Housing and Redevelopment Authority - July 20, 1995
Chris Polster: A lot of being successful will be to look, you know and a lot of that is what
the HRA is already doing with that area~ Is what it's going to look like from the outside. It's
got to be first, before anything else, it's got to be something that parents will say, I would
send my kid there. Right now they don't.
Boyle: You know I hope that the comments were not discouraging, because that was not the
intent. The comments was, I think it's a, anytime that you can improve your community with
something that's going to give kids and adults recreation or other things to do that are good,
it's always a positive to the community and to everybody else. However, I do think at this
point it's probably best that there, well the next step would probably be some type of an
agreement, closer agreement between you and Lotus Realty, as I see it at this point. I don't
know, Mike, Don? Before we can get further involved.
Mason: Does that, I'm trying to get a couple things straight in my mind here, because I'll be
honest with you, I'm taken by this. Does, with what you said Gary then, does that, that's
saying then that Lotus Realty is calling the shots.
Chmiel: It's their property.
Boyle: It's their property. We have committed to assist in developing that property, which
they are now managing, as I understand, so it's really kind of them.
Gerhardt: They're probably the leasing agent. It's owned by Bloomberg Companies.
Chris Polster: Basically my intent in coming to you first, even though it doesn't make any
sense for Lotus to even spend time on this if it's something the HRA...doesn't fit our
conception of what should go back there. So Lotus, if you want to do it, you're on your own
where right now they're expecting financial support. The main thing I guess that I would be
able to take back to Lotus is, they're not against it, okay. And it doesn't change their
financial plans for that particular redevelopment area and that's a big issue I think.
Boyle: Conceptually we definitely, I don't think anybody here had an objection to...
Mason: You know Chris, I think you know my commitment to social concerns, being in
education but whether this goes, whether this flies here or not, I would love to see what the
next step is.
Chris Polster: Right. Well if that's a detailed business plan you're interested in, I would be
more than happy to supply that and I've got that completed so.
Housing and Redevelopment Authority - ~/uly 20, 1995
Mason: What I'm hearing here is that you need to get in closer contact with Lotus.
Chris Polster: Well I need to be taken seriously. I need for them to take the time to make it
close and again, I'm sorry if I'm coming across as being critical. I don't mean it to be but
they need to do that for me in order for me to even do a business plan.
Mason: And it needs to be realistic from their standpoint too.
Chris Polster: So what I'd like to have is a letter of intent saying we can work on, as a basis.
A contingency that if it goes, this is what the costs are. If it doesn't go, then we ought to
forget about it, and isn't that what you call a letter of intent. And it's just basically something
to work with and in their expense, they are very busy and it's not they're against doing this
because actually Vernelle has been very supportive and I don't know if Clayton is or isn't, but
I know Vernelle has been very supportive of the idea over the years. We just haven't been
able to get together from a practical perspective as a lessee and lessor, shall we say, in order
to make this business fly. And then the other, I guess the other reason I'm in here first of all,
do you support the idea. And then the second thing is to get I guess your support for the uso
of staff to investigate other opportunities to help the business succeed. I don~t even know
what that means, or what ideas that might encompass. That's why I've asked for Todd's time.
Well what other things, for instance do you have authority and I probably will someday be
coming to the City Council as well as ideas come up and find out how can the City Council
help or how can the tax base help somehow. I'm going to the business community, the
Chamber of Commerce and I'm not going to be asking anybody...it's a value for value type of
situation. But working with kids, business has got to be creative. There's no doubt we've got
to be creative.
Boyle: You're absolutely correct. And it is risky too.
Chris Polster: And it is risky, and as a business person I'm willing to accept that. I mean
that's just something you do.
Boyle: Well Chris, I'm not quite sure which direction. I guess the direction that you could
leave tonight with is, number one, try to come to some Fpo of agreement or intent from
Lotus and Bloomberg Companies. Todd, we should...
(There was a tape change at this point in the discussion.)
Housing and Redevelopment Authority - July 20, 1995
PRESENTATION REGARDING RELOCATION OF THE OLD RAILROAD DEPOT~
CENTENNIAL COMMITTEE.
Joe Scott: ...if that's not the case, we still think it's an exciting product and we'd have to miss
the Christmas season, we still have the Centennial season. It kind of reminds me of one of
my previous lives on a commission where we had people coming and saying, well I bought
steel and it's coming next week and I need my sign tomorrow. That's not the situation we're
going to try to put anybody in...so anyway, I'd like to thank you very much for your time and
we will have two alternatives together for you to take a look at at your next meeting. We
will be in contact with you in the meantime so you know what we're doing and get some
direction from you and we'll go from there. Thank you very much.
Boyle: Thank you Joe.
Gerhardt: If I could add a couple of things to that. You are aware that you are in ownership
of that building and Mr. Luce has not made any phone calls to me to say hey, get your
building off my property...because he does have the property up for sale and that section of
town is developing. There is sewer and water available to the site so we may be forced to
find at least a temporary home for that facility in the near future.
Boyle: When you say near future Todd, 3 months? 6 months? What would you guess?
Gerhardt: I would say at the earliest one year.
Boyle: During the next year.
Gerhardt: Probably not 3 months.
Mason: Is this the kind of thing that at some point we'd see if we could get money from the
Historical Society. Minnesota Historical Society or something. I mean looking for grant
money or you know, land preservation or building preservation. I mean I know they have
trusts and funds and this kind of thing for that purpose. That might be something down the
road that we want to take a look at.
Boyle: Who would do that? Would it be more advisable for the Centennial Committee to
approach the State on something like that or for the City to?
Mason: Well I don't know.
Boyle: I don't know either.
10
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Housing and Redevelopment Authority - July 20, 1995
Gerhardt: I'm sure we can get funds for old St. Hubert's and historical, this is the State
Historical...and that's about it...in a grant is so competitive, I mean the block party, what the
Basilica people did, to renovate their facility. I think the option passing back to you is that
you've got a lot of banks here in the community that need to contribute money back into the
community. I have been approached by Century Bank wanting to make a statement right
away and having a park that they can say that they developed or you know have a piece of
recreational equipment or something of that sort.
Mason: We'll take it.
Gerhardt: I don't think Joe highlighted it in his conversation but what they're going to try to
do is raise enough money to renovate this facility and pay for it. What the neighborhood and
the HRA could do is come back with concepts of, do you want it in that location and that's
where we think it should go. You can come up with working drawings...in that location.
You know we'll raise the money to get it done. At least that's tho impression that I got when
I had lunch with them at noon today and...He might be one sided in his picture and trying to
sell that. I don't know if that can be done within the short term. I think that that group is
well organized in trying to find a fund raiser where people will donate. If they see a picture
somewhere that they can put money into.
Boyle: Oh I have no doubt that between banks, service clubs, individuals and the plan that
the Centennial Committee has going, they're going to raise plenty of money.
Mason: They're going to raise a hunk.
Boyle: They'll do very well on that. Fm not really concemed about the funds I guess as
much as, is that what we, you know what do we want to do with that' property7 That's what
we've got to decide. We've got to do a little soul searching here.
Mason: Good point Gary.
Gerhardt: And knowing that there's citizenry out there that's opposed to that building being
brought back to downtown and being renovated, you know, that kind of bothers me a little bit
but I don't know who you talk to or what.
Chmiel: My Legion crew that I go and see twice a month. They told me about it.
Mason: Well there are a lot of other people in town too.
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Housing and Redevelopment Authority - July 20, 1995 '
Gerhardt: That group being one of the people...donations for it and they're probably one of
the healthiest service groups in town here.
Mason: Yes they are.
Chmiel: No, I'm not saying that is a dead issue but there are a lot of dollars that can be done
and maybe too, they want to have a block party like they did have at the Basilica to raise
additional dollars to put on some kind of a thing. It's a little late probably this year, but even
next year during the Centennial, it could still be done. To offset some of those costs at that
particular time too. But I think you're right Gary, with the service clubs that we have within
the community right now.
Boyle: Well you get that thing moved, with that alone.
Mason: Yeah.
Bohn: It's going to have to be moved eventually anyway.
Boyle: Yeah. Well right now there's really, and I don't want to belabor it tonight and really
we need to kind of think about it but it's keep Pauly's there and use it as a teen center or
develop a park. I mean those are the two alternatives that we're currently looking at, right?
Chmiel: Yep.
Boyle: Revenue producing property there has never been one of the considerations or the
intent, as I've heard. Never has been, right?
Bohn: Never has been. Because they originally thought of a library there, which would not
produce any revenue for us.
Boyle: Right. And that is a dead issue now regarding library in that property.
Bohn: We've never thought of anything other that, have we?
Gerhardt: Well just, if you are going to locate it on, I just don't think the Klingelhutz farm is
an option. I just don't think there's the money for that type of acquisition. And you might
have enough money to, and I don't know how much you've got available right now but.
Boyle: We don't either.
12
Housing and Redevelopment Authority - July 20, 1995
Gerhardt: But I don't think we have tho dollars that would pay to take the...building down.
And you own this piece of property. You do have property over by the bus depot area. You
have property along Highway 5. You do own the pond area. You own tho right-of-way
along West 79th Street. And my comments in my memo were one, you've got the Old
Village Hall and you've got Old St. Hubert's and I think Joe's comments, you might as well
add old railroad depot there too, is where he was coming from. Of course that doesn't say
that we have to do it. You may come in and say you want to redevelop the property and put
it back on the tax rolls, options are office. Options are daycare facility. You could put it
back on the tax rolls. You've got a parking lot there. It's a very amenable piece. It's not a
high traffic area. We'd have to find room to...
Boyle: You know if we did put that on and we continue to own the property, then we also
have to continue to pay for the upkeep of that property and the structures on that property.
Am I correct in that assumption?
Gerhardt: Yes.
Bohn: We have to pay for tho parking lot anyway. It's our parking lot.
Gerhardt: Well we do spread the cost of the parking lot, plowing, the striping back to the
benefitting properties. The church pays, Klingelhutz...pays and Pauly's pays fight now. You
tore down two other people that did pay and it's roughly to plow that site, it's about $1,200.00
a year to keep the parking lot open and stripe it, you're talking probably another $200.00.
But you know, those other two individuals are going to pick up moro of the brunt now that
you've got two other people that aren't there. It's all based on a percentage of users.
Bohn: Pauly's will only be there until this fall.
Gerhardt: And as to the maintenance of the building, you know Den's correct that we did
have a lady that wanted to open a book store in the place but you're better off building a
brand now facility someplace else...than try to renovate this facility. And so...into the scene
shop where we put mannequins inside an&..
Chmiel: In fact we have a painting upstairs at City Hall that depicts that. That I got from,
geez I can't remember the gal's name. It's hanging on one of the columns up there.
Gerhardt: And it's the maintenance when we obtain it...
Boyle: Do you think the taxpaying community would be receptive of that use? Or that land,
in your opinion. That's a tough question. What do we know.
13
Housing and Redevelopment Authority - July 20, 1995
Gerhardt: Not everybody. I mean.
Chmiel: You can't make everybody happy.
Bohn: I wouldn't answer that question if I were you Todd.
Boyle: How do you know.
Chmiel: I hear what you're saying Gary though, but.
Boyle: Okay, let's give it all some very serious thought and kind of jot down some ideas and
maybe between now and the next meeting. If it's okay with everybody else, we'll move on to
old business.
UPDATE ON WEST 79TH STREET LAND SALE.
Gerhardt: The on again, off again. When you're dealing with people like Applebee's, you
know they're so used to cookie cutter...plan 11-B. That's the way it's got to be. You know,
there's no way around it.
Mason: You know, if they want to be in Chanhassen.
Gerhardt: They can't understand it...all four sites.
Boyle: Well we would have no problem with that obviously Todd if the land would
accommodate that but it doesn't.
Gerhardt: It's a difficult site.
Mason: Yeah, yeah. And I mean we went through this with Target. We've gone through
this with far bigger players than Applebee's. I mean do they want to be in Chanhassen or
not. I guess that's kind of the bottom line as far as, I mean we're fortunate I think to be in
the position that we don't have to be.
Gerhardt: I think my parking lot is more convenient than their scenario.
Mason: I basically agree with you as a matter of fact.
Gerhardt: And the realtor couldn't even argue. She said, you're right.
14
Housing and Redevelopment Authority - July 20, 1995
Chmiel: If they want parking on both sides, why don't they just move Applebee's up to
where the parking area is. It shows 54,600 square feet. Put them in there and then they'll
have parking in back and in front.
Gerhardt: Well the other down side is that they're only willing to pay for 54,600 square feet.
Chmiel: I know.
Gerhardt: And I said sure. We can move the parking farther north but I said you'll have to
buy more land and that was one of their other big issues over the last 3 months that I've been
negotiating with them is that they can't afford to pay more than a half million dollars for the
property. And I said if you push that property any further north, you're buying the whole
thing from me because you're giving me a piece of land I can't develop, that nobody will go
on. So you're taking a total taking of Tires Plus. Now I don't care if Tires Plus is there or
not, but if you want that thing pushed farther north, you're ta}ing the entire 30,000. And he
says, you know he didn't have an argument for that. It's just a difficult site. It's not square.
It loops down. You do have setbacks and by twisting the building and putting the front door,
they didn't like it where the building's rear end was sticking towards West 79th Street. Over
here. They didn't want people coming in being greeted by the rear of the building.
Mason: Well so they can change their design a little bit. I mean.
Gerhardt: So anyway, on all the building around here, I said back to them there. It's not that
difficult.
Mason: Yeah. I personally think this is much ado about nothing as far as I'm concerned. I
mean do they want to be in Chanhassen or not.
Gerhardt: That was the other thing after I got done I started thinking. I said well, they've got
another site in mind. Maybe they want to be over at Legion. They want to be on Dell. Are
they working on another one in Eden Prairie. Am I being used in this whole thing7 I've
been updating the HRA for 3 months. I'm starting to get egg on my face here. They're going
to say Todd, is this a fantasy of your's or what and I told that to the realtor that I think we're
both being used in this and she matter of factly stuck her face in his face and said, what's
going on here. Are you coming into Chanhassen or not7 They're not going to, they're pulling
everything off the table that if you don't make some decisions here. They came out
yesterday, looked at the site and made the commitment that they wanted to be in Chanhassen
and that this is their number one site and they are not looking at the Legion. They are not
looking at Dell Road and they are staying in their current facility in Eden Prairie. And so
they've told me that they will be sending an architect over to work with me on finalizing
15
Housing and Redevelopment Authority - July 20, 1995
these plans but that they have agreed to the terms of the purchase agreement and basically the
layout of this site. And as the way that we've got it designed.
Boyle: I think you're there Todd. Thank you.
Mason: Sounds like a good update to me.
APPROVAL OF BILLS.
Boyle: I guess we'd better approve payment of the bills. Do I have a motion first? I would
like to make a motion that we approve the bills as stated.
Mason: Second.
Boyle: Are there questions or comments? Jim?
Bohn: No. Yeah, I guess I have one question. The tax that you're saying, that we paid back
to Heritage Park Apartments. How many years do we pay that?
Gerhardt: That goes out to about the year 2001 and it's, if they receive their taxes back, it's a
loan and then we need to go...2001 or 2002 or something, that they've paid for all the taxes
that have been paid to them. So 2001-2002, you're going to get a check for $800,000.00.
Bohn: What if 2001, we're not going to do it? They just file bankruptcy. Do we get the
building?
Gerhardt: Well, I don't think.
Bohn: It's a lot of money.
Gerhardt: ...I think it's a limited partnership. File a lien against the building, you know.
There's a variety of mechanisms that we can go back and try to retrieve that money.
Bohn: Over that many years, that's a lot of money.
Chmiel: Yeah. That's the way that particular thing was done at the time but I think that
legally the city has some ramifications of acquiring those dollars back, whether it be taking
the building or whatever. I don't think they're going to walk away from it because that
building is worth how much now.
16
Housing and Redevelopment Authority - July 20, 1995
Bohn: How much is the senior housing going to cost us?
Gerhardt: Senior housing, I think ifs like, wasn't it about $65,000.00 a unit. If I'm
remembering, times whatever you come down to.
Chmiel: 68 units.
Gerhardt: 68 units.
Chmiel: I thought it was 4.8. Somewhere in that neighborhood.
Bohn: Then Heritage Park Apartments, those apartments are bigger than the senior housing
apartments. Much bigger.
Boyle: Do they keep it up pretty good?
Bohn: So far they have. Although they said two years ago they were going to paint it, and
two years have gone by and they still haven't painted it.
Chmiel: It doesn't look bad though.
Bohn: No it doesn't because it's rough sawn cedar and it doesn't show but they have been, in
fact...and Talley have been over there all week going through the buildings with clipboards
and the care people, maintenance people telling them what has to be done. They just re-did
the lobby.
Gerhardt: Somebody's grappling with the fact that maybe we should have bought that
building and turned that into senior housing. It doesn't provide, it doesn't have the same
options that the other senior housing has. We don't have very many two bedrooms in a senior
housing complex. It's one bedroom, dens. This one's got two two bedroom units in it and
you don't have any emergency cord. It's not handicapped accessible...
Bohn: Two years ago the elevator was out for almost two weeks and we had two older
people that had to leave there and go someplace else until the elevator was fixed. They
couldn't get the parts. That's one of the major items. But the company that handled the
contract bid would bring the parts in. It was 10 days without an elevator.
Boyle: Any other questions on the bills?
17
Housing and Redevelopment Authority - July 20, 1995
Boyle moved, Mason seconded to approve the Account~ Payable for the HRA as presented.
All voted in favor and the motion cmaied.
Boyle: One other quick thing. On the third Thursday of August, the 17th of August. I get
back in town that night but not in time to get a meeting in so, just kind of to let you know if
somebody else wants to run it or the options are the 10th or the 24th.
Mason: The 10th I will be out of town.
Chmiel: 17th? I don't even have it down.
Boyle: Or do we have the 24th.
Chmiel: 24th.
Boyle: Oh is it the 24th? I had the 17th.
Chmiel: Yeah. I've got it down for the 24th.
Boyle: Well then, disregard that.
Gerhardt: I thought it was the 14th but I just counted the third Thursday so.
Boyle: That's what I was doing. The third Thursday.
Mason: Well the 14th is the Council meeting, which I'm not going to be at. So then it
would be, oh yeah because the 14th and 28th and Council meetings. So it would be the 24th.
First on a Tuesday got us again.
Gerhardt: We do have an extra week here, you're right.
Mason moved, Bohn seconded to adjourn the meeting. All voted in favor and the motion
canied. The meeting was adjourned.
Submitted by Todd Gerhardt
Assistant Executive Director
Prepared by Nann Opheim
18
GITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
TO:
FROM:
Housing and Redevelopment Authority
Todd Gerhardt, Asst. Executive Director
DATE:
SUBJ:
August 18, 1995
Consider Approval of the Purc~e Agreement with Apple American Limited
Partnership of MN (Applebee's)
Attached for the I-IRA's consideration is a
Partnership of MN (Applebee's). The term.
agreement with Apple American Limited
agreement are as follows:
,
,
,
,
,
,
Purchase price - $8.87 per square
price $484,300. Note: .37 per sq.
·
Companies/Cindy Fuerstenberg, as
and we would receive our asking .~p~.. ce of
.~.
-....
$10,000 earnest money. .~'.'~" '
· ..
The Buyer was concerned._.:...that staff was forcing
necessaxy. Staff added. Imiguage that the buyer
ft. of non-impcrvio~. 'surface coverage (green area)
35% of the. site....Staff is confident that the
green ama and'could"ha~
54,600 square feet- purchase
of this purchase price goes to Vista
on behalf of the Buyer (Applebee's)
sq. ft.
__ to provide more green ama than
receive a credit of $8.50 per sq.
above the city's requirement of
will not exceed the 35%
assessments.
~r _ _
Allowance of $10,000 is also incl~ any anticipated soil correction costs.
However, the buyer must provide written documentation fxom a professional en~neer
detailing costs and must do so no later than ten (10) days before closing.
HKA
August 18, 1995
Page 2
The agreement also allows Applebee's to walk away from the purchase agreement at
anytime, however, they would forfeit their $10,000 earnest money if they do not have
just cause for not closing. You should be aware of this when considering the Tires
Plus purchase agreement.
al
Applebee's expressed concern over the costs associated with receiving a building
permit, specifically the utility service hookup (see Attachment #2). To assist in off-
setting this cost, staff has provided the option to Applebee's to enter into a private
redevelopment agreement and providing a half year's worth of taxes or an amount not
to exceed $25,000.
1
The last item is the Declaration of Restrictions which binds Applebee's to certain
permitted and non-permitted uses, architectural standards and screening (see page 16
of the purchase agreement).
If the I-IRA is in agreement with the terms and conditions of the attached purchase agreement,
staff would recommend approval of the purchase agreement between the HRA and Apple
American Limited Partnership of MN for the purchase price of $484,300 and allowing
$20,000 to go to Vista Companies as a commission on behalf of the buyer.
ATTACHMENTS
Purchase agreement.
Building permit costs.
08/16/9.5 10:57 '~'612 452 5550 CAKI~ELL KNUTSON ++-~ CHAN, CII~Z HALL ~003/029
RE~_F~TATJE PURCHASE
T~,.q AGl~k':l~o~ (the "Agreemem") made and ~ ~ this
day of
· 1995, by and between APPLE ~CAN LIMITED PARTNER~rm
OF MINNESOTA, a limited partmrship under the laws of the S~ze of ~, with
offices at 4551 W. 107th St., Suite 100, Overland Pa_~, Kansas 66207 (referred to herein as
the "Buyer"), nncl HOUSING AND RKD~~ AUTHO~ IN AND FOR
TH]~ CITY OF CHANHASSEN, a public body corporate and politic under the laws of th~
State of Minnesota (referred to herdn as ~e "Seller").
IN CONSIDERATION of the mutual covenants und agrce~ hcrcin, it is hereby
mutually agreed by Seller and Buyer as foUows:
SECTION 1.
SAL~ AND ~CHA~ OF LAND
1.I) Seller shsll sell to Buycr and Buycr shsll pm'c_hs~ from Seller, upon the tcrrns
and conditions hcrcof, the following property (all collectively referred to as the "Subject
Propcny"):
1.1.1) The land in Carver County, Minnesota, legally de.g~b~l on
Exhibi~ "A" to be attachr~ hereto and incorporated herein.
SECTION 2.
PURCHASE PRICE
The purchase price for the Subject Prope~ (the "Purchase Price") shall be in a
dollar amount equal to Eight Dollars and 87/100 ($8.87) per square foot and shall be payable
by Buyer to Seller as follows:
08/16/95 10:57 9812 452 5550 C.4.tlPBELL ICNUT$0N -~-~-~ CltAN. CITY HALL [~004/029
2.1.1) Ten Thousand Dollars ($10,000.00) earnest money, the receipt of
which is hereby acknowledged.
2.1.2) Four Hundred Seventy Four Thousand Three Hundred Dollars
($474,300.00) i~ cash on the date of Closing.
2.1.3) Seller and Buyer agree the size of the Subject Property is
approximately Fifty Four Thousand Six Hundred (54,600) square feet. Upon receipt
of final survey on a form acceptable to Buyer, the total square footage of the Subject
Property shall be determined by Seller and Buyer. Upon such determination, the
Purchase Price shall be adjusted to comply with the terms set forth above. In
addition, the Pureh~.~e Price shall be adjusted at closing so that Buyer is credited
$8.50 per square foot for each square foot of non-impervious surface coverage
exeeed~ thirty-five percent (35 %) of the total square footage of the Subject
Property, based upon the final plan for development of the Subject Property approved
by the City of Chanhassen.
SECTION 3.
3.1) Seller shall furnish to Buyer within twenty (20) days hereof a current
commitment for the issuance of an ALTA Form B owner's policy of title insurance (the
"Commitment") issued by a Title Insurance Company acceptable to Buyer ("Title") in the
amotmt of Four Hundred Eighty Four Thousand Three Hundred Dollars ($484,300.00),
committing to insure that Buyer will have good and marketable title to the Subject Property,
except for standard exceptions to title and except matters to which Buyer may consent in
writing. Buyer shall have twenty days after receipt of the Commitment to make any
objections to the matters disclosed in the Commitment. Such objections to be made in
writh~g or deemed to be waived.
3.2) In the event any exceptions are listed in the Commitment for title insurance
other than standard exceptions and exceptions that Buyer consents to in writing, if the same
results from any voluntary action by the Seller, or if the same relates to any lien or
27393 2 8/8/95
08/15/95 10:58 '~'612 452 5B$0 CAII~I~LL ENIff'$0N -,-,-, CHAN. CITY HALL
cncumb~ of a monetary natal, which can be r~noved by payment of an .mou~£ up to
the Pm'chase Price at closing, the Seller shall cause the exception to be removed on or before
the Closing Date. With regard tn any other exceptions, if the Seller fails to remove the same
within the time allow~l for closin~ on the Subject Property, the Buyer shall have the fight to
terminate this Agreement.
3.3) Seller shall furnish to Buyer a boundary survey within thirty (30) days of the
execution of this
SI~'qlON 4,
4.1) The closing (the "Closing") shall b~ at a location designated by Seller, and shall
occur on a date thirty (30) days after Buyer's contingencies have been satisfied or lamiary
31, 1996, whir date is later, but in no event shall the Closing take plac~ any later than
January 31, 1996 (tl~ "Closin.q~ Date"). If th~ Closing fails to occur by January 3I, 1996,
this Agreement shall terminate. Upon such t~rmination, Seller shall promptly return the
earnest money to Buyer sad Buyer shall ex,-ute and deliver to Se. lk~r a Quit Claim D~ to
memorializ~ the termination of this
4.2) On the Closing Date, Seller shall deliver to Buyer possession of the Subject
Property free of any trash, debris or refuse.
4.3) On the Closing Date, Seller shall execute and deliver w Buyer;
4.3.1) A duly ~ wanmuy d~, subject only to Cross ~ents and
Declarations of l~stri~tions a~ Covena~ estab~ by Seller under Section 8
hereof; and standard exceptions of title (deleting survey and mechanic's lien
exceptions); and to th~ cxceptions consemed to by Buyer; and
4.3.2) A customary aff'~vit that there axe no unsatisfi~l judgmems of rex:oral,
no actions peaxiing in any state or fegeral courts, no tax licm, and no bankruptcy
27393 3 8/8/95
08/16/95 10:59 ~'612 452 5550 CAIIPBBLL KNUT$0N *** CHAN. CITY HALL ~006/029
proce~ing fled agai~t Seller, and no labor or materials have been furnished to the
Subject Property/'or which payment has not been made, and that to the best of
Seller's knowledge there are no unrecorded interests relating to the Subject Property.
4.4) Seller shall pay at Closing all general real estate taxes levied against the Subject
Property due sad payable for all years prior to the year of Closing, together with the unpaid
balance of levied and pending special assessments due in 1995. Buyer shall be responsible
for all assessments wkieh are associated, with Buyer's anticipated development of the Subject
Property. Buyer shall pay for all general real estate taxes due and payable in years
subsequent to the year of Closing as well as future assessments which become pending after
the date of Closing. Seller and Buyer shall prorate those taxes due and payable the year of
closing.
~,.5) Seller shall pay at Closing:
4.5.1) state deed tax;
4.5.2) all costs associated with obtaining a rifle insurance commitment,
including name searches, tax searches, bankruptcy semx;hes, and property inspection
fe~s;
4.5.3) record/rig fccs for corr~tive instruments required to remove
encumbrances and place marketable title in Buyer's ~ame;
4.5.4) all costs lncm'red for the survey described in Section 2; and
4.5.5) up to Ten Thousand Dollars ($10,000.00) to Buyer for anticipated soft
correction costs, provided Buyer provides written documentation from a professional
engineer detailing such costs to Seller no later than ten (10) days before the Closing
Date.
4.6) Buyer slmll pay at Closing:
4.6.1) all recording fees an~ charges relating to the filing of the deed; and
4.6.2) title insurance premi-m~.
27393 4 8/8/95
08/16/95 10:59 ~'612 452 5550 CAMPBBLL ]~TUTSON +** CHAN. CITY H~T.I. ~007/029
,$.7) Seller and Buycr shsu cqunUy shnrc thc clos~n~ f~e charged by thc title
company.
SECTION 5.
COVENANT~, REPRESENTATIONS, _.AND WARRANTI~ OF
:5.1) Scllcr, as an inducement to Buyer to cntcr into th|~ ~nt, ~ as 1381/Of
the consideration ~for, represe~, warrants, sM cove~_ ~ with Buyer and its successors
5.1.1) The. re ar~ no leases, options, purchs~ agreeme~, rights to r~dcem,
tenancy agr~ments, or rights of occupamy, written or verbal, and no person or party
has, or will have any fights of advers~ possession, r~garding the Subject Property,
ex.pt as de. scribed on Exhibit "B";
5.1.2) Seller will mslnt~_in in for~e insurance agatmt public lhbility from such
risk and to such limits as in accordan~ with prudent business practice and suitable to
the Subject Property from the da~e hereof to the Closing D,~-;
5.1.3) To the best knowledge of Seller, no e.~Iity or pm'son has, at any time:
"released" or actively or passively consented to thc "release" or
"tln-eatened release" of any ttazarflous Substance (as defined
below) from any 'facilL~' or ~v~ssel' located on or used in
connection with th~ Subject Property or adj~ tracts; or
ii)
tarn any action in "~.sponsc" to a "r~lea~se' in connection with
the Subject Prolm'~ or adjacent tracts; or
iii)
o~ engaged in any activity or onlit~ to u~ke any action
which could subject Seller or Buyer to claims for imention~ or
negligent torts, strict or absolute liability, eitl's~ pursnsr~ to
statute or common law, in connection with H~?~rdous
Subs~s (as defined below) located in' or on the Subj~'t
Property or adjacent tracts, includt.$ tim generating,
tr~mporfing, treatti~, storage, or ~ of any H~srdous
Substance (as defin~ bdow). The terms ~ Within
nm-ks above shall have the meaning given to them in the
Compm. hemive Environmental Response and Liability Act,
U.$.C. See. 9601 et __sea_., as amended ("CERCLA") and any
state environmental laws.
2?393 5 818195
05/18/95 11:00 '~612 452 ~$0 CAIIPBBLL KNUTSON ~ CHA. N. CITY HALL ~005~029
5.1.4) Seller, or any other person or entity, has not, at any time, ever
installed, used, or removed any undergrot~nd storage tank on or in connection with
the Subject Property; and
$. I./5) As part of this agreement, Seller shall execute the well disclosure
certificate attached hereto as Exhibit "C". Seller shall deliver the well certificate to
Buyer on the date of execution of this agreement. Seller warrants that all statements
set forth in the well certificate are true, accurate, and complete to the best of Seller's
knowledge.
15.1.6) Seller covenants not to use, store or discharge any hazardous
substances on adjacent tracts owned or controlled by Seller.
$. 1.7) Seller has the present fall authority and power to execute this
Agreement and to close the sale of the Subject Property.
5.1.8) Seller shall cooperate to the fullest extem possible and in good faith
shall assist Buyer in determining those matters set forth in Section 7.
5.1.9) There are no exclusive uses granted by Seller to any other tenants or
land owners or otherwise which would in any way affect or prohibit Buyer's
contemplated operation of a restaurant.
5.1.10) The Subject Property has free and unfettered vehicular access of
ingress and egress to the public thoroughfare which it abuts (or is generally
contiguous to), unless otherwise stated in this Agreement.
5.1. ii) 'to the best knowledge of Seller, there exists no condition or
undermining of the Subject Property which would affect the side or beneath
subsidence of the Subject Property.
5.1.12) The Subject Property is not located within a governmentally
determined flood plain.
5.1.13) As of the date of Closing, all work, labor, services and material
furnished to or in connection with the Subject Property or as pan of a general
contract including the Subject Property by Seller, its agents and/or contractors shall
have been fully paid for so that no architect's, engineer's, surveyor's, mechanic's and
materialmen's or laborer's lien of any kind may be properly filed with respect to the
Subject Property.
5.2) The covenants, represemations, and warranties contained in Section 5 shall be
deemed to benefit Buyer and its successors and assigns and shall survive an3' termination or
27393 6 8/8/95
08/Z6/95 11:00 '~'612 452 5550 CA)~BBLLKNUT$ON ~ CH.~, CITY HALL ~009/029
expiation of thi~ Pu~ase Agreement or the giving of the Deed. Ail of Seller's covenants,
representations and warranties in this A~eemem shall be true as of the dar= hereof and of
the Closing Date, and shall be a condition precedent to the performance of Buyer's
obligations hereunder. Seller hldenmifies Buyer from any breach~ of tl~ covenams,
warranties and representations set forth in this Section 5. If Buyer discovers that any such
covenant, repmsenlaflon, or war~r,y is not mm, Buyer may elect prior to closing, in
addition to any of its ottm- rights and remedies, to canal this Agreement, or Buyer may
postpone the Closing Dat~ up to nir~t (90) days to allow time for eone~on.
~C'I~ON 6.
ENVIRONM:ENTAL/8OIL INVESTIGATION A,"qD TESTING
6.1) Buyer ~nd its agents skall have the right, at the sole Option of Buyer, to enter
upon the Subject Property without ch~ge and at all reasonable times from the date of the
execution of this Agreement to perform ~ueh environmental investigation and soil tezts as
Buyer may reasonably de. em appropriate, ff Buyer investigates and tests the Subject Property
pursa,ant to t~s ~etion, Buyer shall pay all costs and expenses of such investigation and
te~ting and shall hold Seller harmless from all co~ and liabilities arising out of Buyer's
activities. If the purchase and s~le collated by thi.~ Agx'~me~ is not elo.~al, Buyer
~.n, at its own expe~, repair and re.re any damage to the Subj~ Property ca~ed by
Buyer's investigation aM te~ting, ~md ~.n remm the Subject Property to substantially the
same condition a~ existed prior to such entry,
27393 7 8/$/95
08/16/95 11:01 ~'612 4,52 5550 CAIiPBELL I~llfrS0N -~-~-~ CHAN, CITY H~LL ~010,'029
SECTION 7.
BUYER'S CONTINGENC~
--
The obligations of Buyer under this Agreement are contingent upon each of the
following:
7.1) Buyer slmll have determined on or before the Closing Dat~, that it is satisfied,
in its sole discretion, with the results of the environmental/soil investigations and tests of the
Subject Property;
7.2) Thc use of th~ Subject Property as contemplated by Buyer for a restaurant
facility is approved by the City of Chanhassen.
7.3) Buyer shall determine whether ail necessary governmenmI or quasi-
governmental permits, licenses and approvals for the construction of all intended
improvements (including its standard or special signage needs and any li~nscs or approvals
necessary to serve alcoholic beverages on the Subject Property) as are contemplated by Buyer
can bc obtained. Buyer shall, after the date hereof and at Buyer's sole cost and expense,
promptly and in good faith seek such permits, licenses and approvals, it being the sole
obligation of Buyer to obtain any such requir~ permits, licenses and approvals.
7.4) Buyer shall determine whether utility scrvicc~ (i~luding, without limitation,
electric, water, has sanitary sewer and storm sewer), surface water disposal and/or drainage
rcqui:md for Buyer's intended use of the subject Property will be available in a size,
capacity, and cost (including, without limitation, access and hook-up charges) reasonably
acceptable to Buyer.
?.$) Buyer shall determt~ in its discretion whether reasonable access and adequate
parking are available for the Subject Propeuy.
27393 8 8/8/95
08/15/95 11:0~ '~'81~ 45~ 5550 CAIIPB~I.LI[NUT$ON **~ CHAN. CITY HALL ~011/0Z9
If arty of the contingenoi~ have not been satisfied on or before the Closing Date, tl~
Buyer may, at Buyer's option, terminate this Agreememt by giving written notic~ to SeUer on
or before the Closing Date. Upon such tm'mi~on, neither party shah have any furth~:
rights or obligations under this Agreement. Promptly thcS, the earaest money shall be
returned to Buyer and the Buyer shall execute and deliver to Seller a Quit C!aim Deed
memorially, inS Uae termination. The co~ies set forth above are/'or the sole and
exeAusive benefit of Buy,r, and Buyer shall have the fight to waive the cont~ics by
giving wdttea notice m Seller.
SECIION 8.
DECLARATION ,OF RF~TRICTIO ,I~/CRO.~ EASEMI~'T$
Prior to the recording of the Warranty Deed co~hted by riffs Agr~rnem, Seller
~all cause a Dedarafion of Restrictions in the form of Bxhibit "D" to be recorded against
thc Subject Property ("Declaration") which Declaration r~stficts the right ro us~ the Subject
Property and limits the use of e.,gnsttu~on matarhls. Prior to or at the time of recording the
Watrsn~ Deed conmmplaw, d by mi., Agreement, Seller and Buyer shall ~ to be reco~
against the Subje~t Property a Cross ~m Agt~ment for access and parking purposes
across and benefitting the properties depietetl on Exhibit "B". Buyer shall ao:~t title subj~t
to the Declaration and tt~ Cross ~~t~.
SECTION 9.
9.1) Seller and Buyer shall ~ltm' k[W a Contm~ for Private Redevelopment prior to
Closing which shall provide Buyer with assistaw, e for utility services ii) an amount not to
exceed Twenty-Five Thom~nd Dollars ($25,000.00).
27393 9 8/8/95
08/16/95 11'02 '~812 452 5550 CA.ItPB~.LL KNLTTSON -~ CIIAN, CITY IL. kLL ~012,'029
9.2) The covenants, warranties and r~rcsen~ations made by Seller stuill survive the
Closing of this tramac~on.
9.3) Any notice, aemand, or request which may be permitted, required or desired to be
given in comaeetion herewith shall be in writing ancl sent by certified mail, hand delivery,
overnight mail service Smu ~h as Federal Express, or We. stem Union telegram or other form of
telegraphic commm~ication, directed to Seller or Buyer. Any notice shall be deemed
effective when delivered to the party to whom it is directed. Unless other addresses are
given in writing, notices shall be sent to Seller or Buyer at the applicable address stated on
the first page of this Agreement.
9.4) Time shall be of the esserme in this Agreement. If any date or time prescribed
by this Agreement falls on a SaturClay, $unday or holiday, such date or time shall
automatically be extended to the next normal business day.
9.5) Each parry hereto shall promptly, on thc request or' the other party, have
acknowledged and delivered to the other parry any and all further imtruments and assurances
reasonably requested or appropriate to evidence or give effect to the provisions of this
Agreement.
9.6) This Agreement represents the entire agreement of the parties with respect to the
Subject Property and all prior agreements, understandings, or negotiations between the
parties are hereby revoked and superseded hereby. No representations, warranties,
inclucemer~, or oral agreements have been made by any of ~ parties, except as expressly
set forth herein, or in other contemporaneous written agreements. This Agreement may not
be changed or modified except by a written agreement signed by Seller and Buyer.
27393 10 8/8/95
9.7) If Buyer defaults under any of the tea-ms hem~f, Seller shall have the right, in
addition to whatever oth~ remedies are available to $cllcr at Law or in equity, includ'.mg
without limitation, spccifie performat~, d.magcs, including attorney's fees, to ~fion
of this Agreement.
9.8) If Sdlcr defaults under any of the terms hcreof, including, without limitation,
the delivery of marketable title to thc Subject Property as set forth in Section 4 hereof, then
Buyer shall havc the right, in addition to whatcver other remedics are available to Buyer at
law or in cquity, including without limitation, specific performance, damagcs, including
atwrney's fccs, to cancellation of this Agrecmcnt.
9.9) If auy provision of this Agrccment is declared void or unenforccablc, such
provision shal~ be dccmcd severed from this Agre.~m~, which shall otherwise remain in full
force and effect.
9.10) Failure of any party to exercise ~ right a_dsing out of a breach of this
Agreemer~ shall not be deemed a waiver of any right with respect to any subsequent or
different breach, or the contim,~-~c of any existing breach.
9.1 l) This Agreemer~ _~h,ll inure to the bcnefit of and be binding upon the parties
hcrcw and thcir respective hcirs, perso-,! representatives, successors and assigns.
9.12) Seller and Buyer represent and warrant to each other that they have not
engaged or dealt with any broker or agcnt with respcct to flu~ Subject Property, except that
Buyer has rc~ined the services of and shall be responsible for the paymcm of commissions
to Vista Companies and Cindy Fucrstenberg. At Closing, Seller a~ to pay Buyer's
broker, Vista Companies/Cindy F~ a commission on behalf of Buyer in the amount
27393 11 818195
08/18/95 11:0~ '~812 452 1~$1~0 CA~IPBELL KNUTSON -~-~, CttA~, CITY BALL ~014.'029
of Twenty Thousand Dollars ($20,000.00) from the Purchase Price. Notwithstanding the
foregoing, Buyer and Seller shall each defend, indemnify and hold the other harmless from
and against all claims, losses and liabilities incurred by the indemnified party i~ connection
with any claim or demand by any person or entity from any brokers, finders, or other t'~e or
compemation in connection with the indemnifying party's entry into this Agreemen£.
LN WI'I~'ESS WI~RIgOF, the parties hereto have executed this Agreement as of the
day and year first above written.
BUYER:
GOURMET SYSTEMS OF MINNeSOTA,INC.
AS GENERAL PARTNER OF APP! .F.
AMERICAaN LIMITED PARTNERSHIP
OF MINNESOTA
SELLER:
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF CHAN~SEN
By:
Its
By.
Its Chairperson
By:
Its
By
Its Executive Director
27393 12 8/8/95
08/16/95 11:04 '[~612 452 5550 CA]II. ELL IO~.~SON *** CEA.~. CI'1~.' ]~T.L ~015/029
STATE OF ~OTA
COUNTY oF )
The foregoing instnnn~ was acknowledged before me this day of
.1995, by and by .,
th~ and of OOURMET SYSTEMS OF
MINNESOTA, INC. as C_,eneml partm~ of APPI.]~ ~CAN T.~flTED PARTNERSHIP
OF MINN~OTA, a corporation und~ thc laws of the Stat~ of Minnesota, on bc_h, lf of the
corpomriom
Notary Public
STATE OF M/NNESOTA )
) $$.
COUNTY OF CARVER )
This instrun~nt was acknowledg~ before n~ this day of
0 1995 by , the Chairperson, and
, tim Executive Dirccwr, for thr HOUSING AND
I?F.r)EV~.!OPMENT AUTHORITY IN AND FOR THE crrY OF CHANI~SEN¶ a
public body corporate and politic under th~ laws of the state of ~ta.
Notary Public
THIS INSTR~ WAS DRAFYED BY:
CAMPBRI.T., KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandal~ Office Center
1380 Corporat~ Cent~ Curve
Eacan, MN 5512,1
Telephone: (612) 452-5000
27393 13 8/8/95
08/16/95 11:04 '/~612 452 5550 CAtlPBELL KNUTSON ~ CHAN, CITY HALL ~016./029
EXHIBIT "A"
to
REAL ESTATE _ _PURC'HASE AGREE~~
,Legal Description of the Sub_ietlt ProDer~v
Lot 2, Block I, CROSSROADS PLAZA SECOND ADDITION, according to the plat tl~reof
and on file in thc County Recorder's office, Carver County, Minnesota, except that part of
said Lot 2, Block 1, CROSSROADS PLAZA SECOND ADDITION, describezl as ibllows:
Beginning at thc northw~t corner of said Lot 2; thea~ easterly on an assumed
azimuth from north of 79 degrees 31 minutes 20 seconds, along the north line of said
Lot 2 distanc,~ of 230.00 feet; then~ southerly 169 degrees 04 minutes 54 seconds
azimuth 133.00 feet; thence westerly 9.59 degrees 31 minutes 20 s¢condz azimuth
230.00 feet to ~¢ w~tefly line of Lot 2; thence northerly 169 degrees 04 minutes 5~,
s~onds azimuth along said westerly line 133.00 feet to the point of beginning.
ABSTRACT and TORRENS CERTIFICATE NO, 21174
27393 14 818195
08/16/95 11' 05 'g~612 452 5550 C.'~,][I~EIZ, ~T'u'T$ON .+-+-~ CEA~, CI/'~ ]~L[,L I~1017/029
8/8/95
27393 15
05/10/95 11:05 '~612 452 6560 CALI'PBBLL KNUT$0N *** CHAN, CITY HALL ~018/029
EXllmlT "C"
to
REAL F~TATE PURCHASE AGREEMENT
EXHmlT C
from 2A676
DF~,L~~ON OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS ("D~claration") is made as of this
day of ,1995 by HOUSING AND REDEVELOPMENT
___
AUTHORITY IN AND FOR THE CITY O1' CHANHASSEN, a public body corporate
and politic under the laws of the state of Minnesota (hereinafter called "Declarant").
A. Declarant is fl~ owner in fee simple of certain real property located in Carver
County, Minnesota, leg',ally described as:
Lot 2, Block 1, CROSSROADS PLAZA SECOND ADDITION, according to tl~ plat
thereof and on file in the County Reeorder's office, Carver County, Minnesota,
except that part of said Lot 2, Block 1, CROSSROADS PLAZA SECOND
ADDITION, de~ribed as follows:
Beginning at r. he northwest corner of said Lot 2; thence easterly on an assumed
azimuth from north of 79 degre.~ 31 minutes 20 seconds, along the north line of said
Lot 2 distance o1' 230.00 feet; thence soutt~rly 169 degrees 04 minutes 54 seconds
azimuth 133.00 feet; thence westerly 2:59 degrees 31 minutes 20 seconds azimuth
230.00 feet to the westerly line of Lot 2; thence northerly 169 degrees 04 minutes 54
seconds azimuth along said westerly line 133.00 fe~ to the point of beginning.
(hereinafter called the "Subject Property").
B. Declarant also owns in fee simple certain real property adjacent to, and/or in
close proximity to, the Subject Property.
NOW, THEREFORE, Declarant does hereby declare that the Subject Property shall
be held, improved and utilized subject to the following restrictions, which shall perpetually
encumber the Subject Property, shall run with the Subject Property and shall be binding upon
all parties having any fight, title or interest in the Subject Property or any part thereof, and
27393 16 8/8/95
08/15/95 11:06 ~'612 452 5550 CAM~ELL KNUTSON -,-,-, CHAN. CITY H~;.T. ~]019/029
EXI4mrr c
from 24676
their successors and assigns (any of said parties bereinafl~ indivioh,.lly called a "Burdened
Party", and collectively called the "Burdet~ Parties"), sad shall inure to the benefit of
Declarant.
i. Except as otherwise consenied to in writing by Declarant, thc following shall
be permitted and non-~ uses:
am
e.
g,
Rcail shops;
Specialty
Apparel sales;
Auto service center wi~ no outsidc storage of cars, rims or pans (no
more than one facility to bc located on th~ Subject Property);
Day care that would be ~rated in thc r~r~il center;
Reseat having at least 160 seats (no more rb~n two facilities to
be locar~ on the Subject Property);
Profcssion.l busir~s and admini.~crativc offkes; or
Dry clcalting.
Non-P~nuit~ Uses:
g.
h.
i.
k.
1.
111.
Body shops;
Car/boat/track/trailer sal~;
Car wash;
Conveuicnce stor~ with or without gas ~s;
Fas£ food rustauran~;
Banks and fiuaucial iustit~us;
Equipment rental;
Oardc~ center;
Lumber yard;
Temporary uses of auy kind;
Wholesale nursery;
Fw. -mndin care;
Liquor store; or
2. All exwrior surfaces of the building shall be composed of at least eight percent
(80%) face brick, stone or glass. The following mat~ri.t~ sh,ll not be allowed as a visible
exterior application.
27393 17 8/8/95
08,'18/'95 11:07 "~'812 452 5550 CA~[PBF..LL ~$0N -,-,-, CH.4uN. CITY HALL
EXHIBIT C
from 24676
a!
Exposed concrete or "cinder" block;
Decorative concrete block;
Painted brick;
Fabricated/corrugated metal; or
Preeast concrete materials.
3, All archkectural designs must conform with City of Chanhassen Ordinance
No. 212, amended from time to time.
4. Outside trash containers and satellite dishes or antennas shall be screened or
enclosed as required by Declarant. Ventilation and air conditioning equipment on the roof of
any building shall be hidden from view by parapets or, tf on the ground, shall be screened or
enclosed as required by Declarant.
5. Landscaping installation must be accompanied by an ,mderground irrigation
system and a one year plant guaranty to cover replacement cost of nonsurviving plants.
6. Declarant, in its sole discretion as the sole benefitted party under this
Declaration, shall have the right from time-to-rime to modify, alter, amend, supplement or
terminate this Declaration.
7. Notwithstanding any provisiom herein to the contrary, this Declaration and the
restrictions set forth herein shall expire on the date which is r. he thirtieth anniversary of the
date hereof,
8. Plans and any notice required or permitted hereunder to be sent to Declarant
shall be mailed in a sealed wrapper by United States registered or certified mail, remm
receipt requested, postage prepaid, properly addressed as follows:
Housing and Redevelopmem
Authority in and for the
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
or any other address designated by Declarant by recording notice of such address. Any
Plans or notices matled to Declarant in accordance with this Section 7 shall be deemed to
have been received by Declarant on the date which is the third business day after any such
Plans or notice has been deposited in the mail.
27393 18 8/8/95
08/16/95 11:07 ~012 452 5550 C&MPBELL I~Fu'TSON ~+~ ~, CIT~K/,/,L ~021/029
EXHIBIT C
from 24675
9. Declax-~r shall have the fight to enfoxce the provisions of this Declaration
r. brough any proceedings, at law or inequity, against arty person or persons violating, or
atmmpting to viohte, thc provisions of this Declaration, either to prevent such violation or
breach or to recover damages for such violatioq or breach.
10. The resl3'icfio]3s c,o~ herein shall t~ doea:aod axld co~ m be
confirming and no waiver of any breach of any of such tesrrlcrlons .~hs]l bc co~ to be a
waiver of any ot~cr breach of ~ r~mo, nor sludl failure to caforcc thc restrictions contained
hcmi~ be consmm/as a waivc~ of such mslyicrions
IN W1TNESS ~F, Declm-~nt h~.~ made thi.~ Decla~on as of th~ date and
year first above writt~.
HOUSING AND REDJEVELO~
AUTHO~ IN AND FOR THE
CITY OF CHANHASSt~q
By:
Chsirp~rson
Exeoztive Direc~r
STATE OF MINNF~OTA )
) SS.
COUNTY OF CARVER )
This instrnment was acknowledged before me thlg .. day of
· 1995 by , the Chairperson, and
, the Executive Director, for the HOUSING AND
R._r~EV~.~ OPMENT AUTHORITY IN AND FOR THE CITY OF CEANHASSEN, a
public body corporate and politic under the laws of the state of Min~.
Notify Publi~
27393 19 8/8/95
08/16/95 11:08 '~612 452 6550 CA~IPBELL KNUTSON ~ CHAN, CITY HALL ~022/029
THIS INSTRUMENT WAS DRAFTED BY:
CAMPB~:.I.I., KNUTSON, SCOTT & FUCHS, P.A.
317 E~gandalc Offic~ Cen~r
1380 Corporat~ Cant~r Curve
Eagan, MN 55121
Tclcphone: (612) 452-5000 (JRW)
EXHIBIT C
from 24676
27393 20 8/8/95
08/16/95 11:08 '~'612 452 5550 CAIQ:'BELL KNUTSON **4 CHAN, CITY H~,;.I. ~023/029
~IT "D"
to
llR_.a,I, ESTA_T~ PURCHASE
EXIm~IT D
from 25949
GRANT OF ~TENANT DRIVEWAY_ & PAItKING IX_,ASEM~NT
INDIgNTLrR~ made this. day of ,1995. by and bctwezn
APPI,R ~CAN LIMITED PARTNERSgrrP OF ~OTA, a limited partnership
under the laws of the State of Minncaota ("APPI.k"~Rl%~;"), and AMERICANA BANK, a
Minnesota corporation ("BANK"), and HOUS~G AND REDEVEI~~
AUTHORITY IN AND FOR ~ CITY OF CHANHASSEN, a public body corporate
and politic under the laws of th~ Stat~ of M~ (rcfesxed to heroin as the "HRA").
A. APP~.P:n~-:g-n is the f-~ owner of property in Carver County, Minnesota
(hereinaft~ "Tract I") describ~ on th~ attached exhibit "A"'
B. The BANK is the fee owner of prop~'ly in Carv~ County. Minnesota
(hereinafter "Tract II") descn'bcd on the attach~ exhibit "B"-
C. The HRA is th~ fee owner of ~ in Carver Coumy, Minnesota
(hereinafter "Tract rII" "Tract IV" and "Tract V") cle~ed on the amtch~ exhibits "C",
, "D" and "B" ~wly:
D. APPLEBEF3 and the BANK desir~ to m~norisli~ driveway, ~ and
parking privilcges over Tract I for thc benefit and app~ to Tract II as described
herein.
27393 21 8/8/9:5
08/18,'~§ 11:08 ~81~ 4S2 SSS0 CA~PB~.LL I~X~T$0~ -~-~-~ CRAN. CITY BALL ~ 024.'02g
EXHIBIT D
from 25949
E. APPT.RREES and the BANK desire to memorialize driveway, access and
parking privileges over Tract II for the benefit and appurtenant to Tract I as described
herein.
F. APPI.Rn '~E$ and the HRA desire to memorialize driveway, access and
parking privileges over Tract II for the benefit and appurtenar~ to Tract III, Tract IV, and
Tract V as described herein.
G. APPLF_,BEES and the HR desire to memorialize driveway, access and
parking privileges over Tract III, Tract IV, and Tract V for the benefit and appurtenant to
Tract H as described herein.
NOW, THE~~~, IN CONSIDERATION OF THE MU~~ COVENAINTS,
the parties do hereby grant to each other, their successors, heirs, and assigns, forever, a
perpetual easement for driveway ingress and egress, access and parking purposes, which
easement is limited to the use by the parties, their invimes, licensees, transferees, employees,
and assigns, in, over, upon, under, across, and through said lands as follows:
1. The BANK hereby grants to APPLEBF_~ a perpetual non-exclusive easement
appurtenant to Tract II for driveway, access and parkdng purposes over and across Tract I.
2. APPLF..~EF.~ hereby grants m the BANK a perpetual non-exclusive easement
appurtenant to Tract I for driveway, access and parking purposes over and across Tract II.
3. APPLEBEES hereby grants to the lIRA a perpetual non-exclusive easement
appurtenant to Tract ~[, Tract IV and Tract V for driveway, access and parking purposes
over and across Tract II.
27393 22 8/8/95
08/16/95 11:09 '~'612 452 5550 CAMPBELL ENUI'SON *** CHAN, CITY HMJ. ~025/029
EX/nRIT D
from 25949
4. The HRA hereby grams to APpl'.tquq]~.K~_ a perpetual non-exclusive ess~ncm
appurtenant to Tract H for driveway, access and parking purposes over and across Tract HI.
S, The HRA hereby gr~nr~ to APP~.]~EF..~ a ~ non-exclusive easeme, m
appurtenant to Tract H for driveway, access and pu~_ 'n~ ~s ovc-r and across Tract IV.
6. The HRA hereby grants to APPLF. BEF~ a perpetual non-exclusive ease~nem
appurtenant to Tract II for driveway, access and parkin~ purposes over and across Tract V.
7. Thc parties agree that maintenance and repair of the easeme~ areas ~hall be
thc responsibility of the f~e owner of the property subject to the easement.
benefit of the parti~, thetz successors, he~ and assigns.
APPL~ AMERICAN LIMrl~D PARSniP
OF MINN~~A
By:
Its ~ Parmer
~CANA BANK
By:
Its
HOUSING AND REDEV~JOPMENT AUTHORITY
IN AND FOR THE CITY OF CHANHASSEN
By:
Its
27393 23 8/8/95
08/18/9~ 11:10 '~812 452 ~0 CA,~IPBELL KNUT$0N ~ CHAN, CITY K~LL ~025/029
EXHIBIT D
from 25949
STATE OF MINNESOTA )
COUNTY OF CARVER )
The foregoing [nsmmmnt was acknowledged before me this __ day of
,1995. by , th~
APPLE AMERICAN I,IMITED PARTNERSHIP OF MINNESOTA, a Minnesota
corporation, on b~half of said corporation.
of
Notary Public
STATE OF MINNF~OTA )
COUNTY OF CARVER )
The foregoing insmmaent was acknowledged b~fore me this ~ day of
,1995, by , the
AMERICANA BANK, a Minnesota corporation, on behalf of said corporation.
of
Notary Publi~
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instnnuent was acknowledged before me this day of
., I995, by , the
AMERICANA BANK, a Minnesota corporation, on l~half of said corporation.
of
Notary Public
27393 P.A 818195
08,'16/95 11:10 ~[~612 452 5550 CA]dl~BEr.r. E1N'DTSON +** CEAN. CIT~ ~.,L ~027/029
FJfHIBIT D
from 2~949
STATE OF MINNF_3OTA )
)~.
COUNTY OF DAKOTA )
The for~oi~ ins~ was ~knowl~ before me ti~ ___ day of
,1~,~ ,~
HOUS~G ~ ~E~~~ A~O~ ~ ~ FOR ~ ~ OF
~S~, a ~b]ic ~y ~~ ~ ~c ~ ~ ~ws of ~e Sm~ of
Mi~m, on ~f of ~d ~bUc ~t~n~.
of
No~y Publk~
THIS INSTRUMg_ .NT WAS DRAFrRD BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandalc Office Ccrggr
1380 Corporate Cgntgr Curvc
Eagan, MN 55121
Tel~hon~: (612) 452-5000
~RW
27393 25 8/8/95
08/18/~5 11:11 ~812 452 5550 C~PBELL KNIffS0N -~-~-~ CtI~. CITY I~LL ~028./029
EXHIBIT D
from 25949
EXHIBIT "A"
TO
DEED OF APPURTENANT EASEMENT
LEGAL DESCRIFF!ON OF TRACT:
27393 26 81819:5
08/16/95 11:11 '~'612 452 5550 CAMPBELL KNT.~SON -,-,-, CHAN. CITY HAI.]', ~029./029
F. XtrmrT D
from 25949
i.;~G~,I, D~SC~__ rpTION OF TRAC~
81819.5
27393 27
Applebee~s Restaurant
5396 Sq. Ft. Full Service Restaumat - 198 seats U-N Construction
Building Permit
Plan Review
State Surcharge
SAC Fee ( fee goes to Metropolitan Council
not City)*
Sewer Surcharge
Sewer Unit
Water unit
Park Fee
Trail Fee
$ 1,465.50
952.58
168.00
($21,250.00)
1,875.00
26,250.00
34,375.00 ~
5,625.00
1.875.00
$ 72,586.08
* Based on 25 SAC units
June 1995
Development Proposal For
APPLEBEE~ RESTAURANT
Example: 5,396 sq. fi" building ~ $75.00 per sq. fi. = $404,700 + Land Value
(~ $355,000 = $759,700 as Minimum Market Value
Estimated Taxes for 1995
Minimum Market Value:
$759,700
oo.ooo
659,700
4.6%
30,346
3,000
(3% of the first
$100,000 of Market
Valuation)
$ 33,346
x 148%
$ 49,352
(Estimated Tax Capacity %)
Total Estimated Taxes
PROPOSED DEVELOPMENT INCENTIVE
$ 49,352
- 50%
24,676.18
One-Half Year Worth of Taxes
Total Incentive
December 31. 1996
Building Completed
and Occupied
Payment Schedule
1997
Vacant
lot tax
1998
$24,352
f;NN / £'NN I~1
ITY OF
690 COULTER DRIVE · P,O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
TO:
Housing and Redevelopment Authority
FROM:
Todd Gerhardt, AssL Executive Director ~ ·
DATE:
August 18, 1995
SUBJ:
Consider Approval of the Purchase Agreement with Tires Plus Group,, Ltd.
Attached for the HRA's consideration is a purchase agreement with Tires Plus Group,, Ltd.
The terms of the purchase agreement are as
.
Purchase price - $8.50 per square foot;
price $260,000.
30,589 square feet - purchase
2. $5,000 earnest money.
4,
.
.
Closing is scheduled for no later I1, 1995. In the past, we discussed
that Tires Plus could only happ~ Applebee's ~ to construct their facility.
However, the two purchase a~ents have Tire~Plus closing before Applebee's and
Applebee's still having the .opti.'~n to walk away frOWn closing on their site until January
31, 1996. The reason for 9...!0'Sing earlier on Tires i~ is that
they
incuzfing
additional costs by holding the Don McCarville pro~ and their purchase agreement
assessments;:" .. :.' .......
!"
Allowance of' $800 :'~ :also.
their fightsy~,, ,~~itlllll[lllllil~~McC, arville property with a purchase
Tires Plus must assign all
price not to exceed $120,000.
The last item is the Declaration of ~ctions which binds Tires Plus to certain
permitted and non-permitted uses. architectural standards and screening (see
Attachment #1).
HRA
August 18, 1995
Page 2
If the HRA is in agreement with the terms and conditions of the attached purchase agreement,
staff would recommend approval of the purchase agreement between the HRA and Tires Plus
Groupe, Ltd. for the purchase price of $260,000.
ATTACHMENTS
1. Purchase agreement.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Flu§ 18,95 8:56 No,002 P.02
THIS AGREEMENT (the .Agreement") made and entered into this
--_--- day of .... , 1995, by and between TZ~B PLU~
GROUPE LTD., a under the laws of the State
of Minnesota, with offices at · ,
, Minnesota (referred to herein as the
"Buyer")., and HOUSZNG ANDREDEVELOPMENTAUTHORITY IN AND FOR THE
CITY OF CHANHASSEN, a public body corporate and politic under the
laws of the State of Minnesota (referred to herein as the
"Seller").
IN CONSIDERATION of the mutual covenants and agreements
herein, it is hereby mutually agreed by Seller and Buyer as
follows:
SECTION 1.
~ALEAND ~URCH~_.SE OF LAND-
1.1) Seller shall sell to Buyer and Buyer shall purchase
from Seller, upon the terms and conditions hereof, the following
property (all collectively referred to as the ',Subject
Property")~
1.1.1) The land in Carver County, Minnesota,
legally described on Exhibit "A'" to be attached hereto
and incorporated herein.
SECTION 2,
PURCHASE PRICE
2.1) The purchase price for the Subject property (the
"Purchase Price") shall be in a dollar amount equal to Eight and
50/100 Dollars ($8.50) per square foot and shall be payable by
Buyer to ~11er as fol].ow~t
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Aug 18,95 8:57 No.O02 P.O,3
2.1.1) Five Thousand Dollars ($5,000.00) earnest
money, the receipt of which is hereby acknowledged.
2.1.2) ~o ~undred Fifty-Five Thousand Dollars
($255,000.00) in cash on the date of Closing.
2.1.3) Seller and Buyer asree the size of the Subject
Property is approximately Thirty Thousand Five Hundred
Eighty-Nine (30,589) square feet. Upon receipt of final
survey on a form acceptable to Buyer, the total square
footage of the Subject Property shall be determined by
Seller and Buyer. Upon such determination, Seller and Buyer
shall adjust the Purchase Price in order that the sum paid
by Buyer to Seller equals Eight and 50/100 Dollars ($8.50)
per square foot for the purchase of the Subject Property.
SECTION 3.
TITLE._MA..TTER8
3.1) Seller shall furnish to Buyer within twenty (20) days
hereof a current commitment for the issuance of an ALTA Form B
owner's policy of title insurance (the "Commitment") issued by a
Title Insurance Company acceptable to Buyer ("Title") in the
amount of Two Hundred Sixty Thousand Dollars ($260,000.00),
committing to insure that Buyer will have good and marketable
title to the Subject Property, except for matters to which Buyer
may consent in writing. Buyer shall have twenty days a~ter
receipt of the Commitment to make any objections to the matters
disclosed in the Commitment. Such objections to be made in
writing or deemed to be waived.
3.2) In the event any exceptions are listed in the
Commitment for title insurance other than exceptions that Buyer
consents to in writing, if the same results from any voluntary
action by the Seller, the Seller shall cause the exception to be
removed on or before the Closin~ Date. With regard to any other
exceptions, if the Seller fails to remove the same within the
time allowed for closing on the Subject Property, the Buyer shall
have the right to terminate thi~ Agreement.
CFIHPI~ELL, KNUTSON, SCOTT f~ FUCH$, P.FI
i
Rug :i. 8,95 8.'5? No,O02 P.04
3.3) Seller shall furnish to Buyer a boundary survey within
thirty (30) days of the execution of this Agreement.
SECTION 4.
4.1) The closing (the "Closing") shall be at a location
designated by Seller, and shall occur on a date thirty (30) days
after Buyer's contingencies have been satisfied or December S1,
1995, whichever date is later, but in no event shall the Closing
take place any later than December 31, 1995 (the "Closing Date").
If the Closing fails to occur by December 31, 1995, this
Agreement shall terminate. Upon such termination, Seller shall
promptly return the earnest money to Buyer and Buyer shall
execute and deliver to Seller a Quit Claim Deed to memorialize
the termination of this Agreement.
4.2) On the Closing Date, Seller shall deliver to Buyer
possession of the Subject Property free of any trash, debris or
refuse.
4.3) On the Closing Date, Seller shall execute and deliver
to Buyer:
4.3.1) A duly executed warranty deed, subject to
standard exceptions of title; easements shown on the
plat of Crossroads Plaza 3rd Addition; to the
exceptions consented to by Buyer and to the
restrictions and easements described in Section 9; and
·
4.3.2) A customary affidavit that there are no
unsatisfied Judgments of record, no actions pending in
any state or federal courts, no tax liens, and no
bankruptcy proceeding filed against Seller, and no
labor or materials have been furnished to the Subject
Property for which payment has not been made, and that
to the best of Seller's knowledge there are no
unrecorded interests relating to the Subject Property.
4.4) Seller shall pay at Closing all general real estate
taxes levied against the Subject Property due and payable for all
CRHPBELL, KNUTSON, SCOTT 8, FUCHS, P.R Rug 18,95 8.'58 No.O02 P.05
years through the year of Closing, together with the unpaid
balance of levied special assessments. Buyer shall pay for all
general real estate taxes due and payable in years subsequent to
the year of Closing as well as future assessments which are
levied after the Closing Date.
5) Seller shall pay at Closing or otherwise be responsible
for the payment of:
4.5.3) state deed tax;
4.5.2) all costs associated with obtaining a
title insurance commitment, including name-searches,
tax searches, bankruptcy searches, and property
inspection fees;
4.5.3) recording fees for corrective instruments
required to remove encumbrances and place marketable
title in Buyer's name;
4.5.4) all costs incurred for the survey
described i.n section 2.
4.5.5) costs of replatting the Subject Property;
and
4.5.6) an amount not to exceed $800.00 as partial
reimbursement to conduct the testing described in
Section 6 herein.
4.6) Buyer shall pay at Closing:
4.6.1) all recording fees and charges relating to
the filing of the deed; and
4.6.2) title insurance premiums.
4.7) Seller and Buyer shall equally share the closing fee
charged by the title company.
SECTION 5.
gOVENANTSj..REPRESENTATIONS, AND W~RRANTIE~ OF 8._ELLER
5,1) Seller, as an inducement to Buyer to enter into this
Agreement, and as part of the consideration therefor, represents,
warrants, and covenants with Buyer and its successors and assigns
that:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
RuB 18,95 8:58 No.002 P.06
5.1.1) There are no leases, options, purchase
agreements, rights to redeem, tenancy agreements, or
rights of occupancy, written or verbal, and no person
or party has, or will have any rights of adverse
possession, regarding the Subject Property, except as
described on Exhibit "B";
5.1.2) Seller will maintain in force insurance
against public liability from such risk and to such
limits as in accordance with prudent business practice
and suitable to the Subject Property from the date
hereof to the Closing Date;
5.1.3) To the best knowledge of Seller with
respect to the Subject Property, no entity or person
has, at any time:
i)
"released" or actively or passively consented
to the "release" or "threatened release" of-
any Hazardous Substance (as defined below)
from any "facility" 'or'"vessel" located on or
used in connection with the Subject Property;
or
ii)
"released" or actively or passively consented
to the "release" or "threatened release" of a
Hazardous Substance (as defined below) into
the groundwater, environment or drinking
water supply affecting the Subject Property;
or
iii) taken any action in "response" to a "release"
in co. nnection with the Subject Property; or
iv)
otherwise engaged in any activity or omitted
to take any action which could subject Seller
or Buyer to claims for intentional or
negligent torts, strict or absolute
liability, either pursuant to statute or
common law, in connection with Hazardous
Substances (as defined below) located in or
on the Subject Property, including the
generating, transportinB, treating, storage,
or manufacture of any Hazardous Substance (as
defined be]ow). The terms set within
quotation marks above shall have the meaning
given to them in the Comprehensive
Environmental Response and Liability Act, 42
U.S.C. Sec. 9601 ~]~ ~_~_~., as amended
("CERCLA") and any state environmental laws.
5.1.4) Seller, or any other person or entity, has
not, at any time, ever installed, used, or removed any
underBround storage tank on or in connection with the
Subject Property; and
CAMPBELL, KNUTSON, SCOTT 8, FUCHS, P.A
Aug 18,95 8:59 No.O02 P.O?
m
5.1.5) As part of this agreement, Seller shall
execute the well disclosure certificate attached hereto
as Exhibit "C". Seller shall deliver the well
certificate to Buyer on the date of execution of this
agreement. Seller warrants that all statements set
forth in the well certificate are true, accurate, and
complete to the best of Seller's knowledge.
5.1.6) There is no litigation or proceeding
pending against Seller which would have a material
adverse effect upon the Subject Property.
5.2) The covenants, representations, and warranties
contained in Section 5 shall be deemed to benefit Buyer and its
successors and assigns and shall survive any termination or
expiration of this Purchase Agreement or the giving of the Deed.
Ail of Seller's covenants, representations and warranties in this
Agreement shall be true as of the date hereof and of the Closing
Date, and shall be a condition precedent to the performance of
Buyer's obligations hereunder. If Buyer discovers that any such
covenant, representation, or warranty is not true, Buyer may
elect prior to closing, in addition to any of its other rights
and remedies, to cancel this Agreement, or Buyer may postpone the
Closing Date up to ninety (90) days to allow time for correction.
SECTION 6.
· _NVIaONME ,N~_A~/SOIL IN¥~STI~ATIO~ ~ T~STIN~
6.1) Buyer and its agents shall have the right, at the sole
option of Buyer, to enter upon the Subject Property without
charge and at all reasonable times from the date of the execution
of this Agreement to perform such environmental investigation and
soil tests as Buyer may reasonably deem appropriate. If Buyer
investigates and tests the Subject Property pursuant to this
section, Buyer shall pay all costs and expenses of such
~nv~tigation and testing and shall hold Seller harmless from all
costs and liabilitJ, es arising out of Buyer's activities. If the
CRMPI~ELL, KNUTSON, SCOTT
·
Rug ~.8,95 9:00 No.O02 P.08
purchase and sale contemplated by this Agreement is not closed,
Buyer sha].]., at its own expense, repair and restore any damage to
the Subject Property caused by Buyer's investigation and testing,
and shall return the Subject Property to substantially the same
condition as existed prior to such entry.
S~CTION 7.
T~e obligations of Buyer under this Agreement are contingent
upon each of the following:
7.1) Buyer shall have determined on or before the Closing
Date, that it is satisfied, in its sole discretion, with the
status of title, the results of the survey and the results of the
environmental/soil investigations and tests of the Subject
Property;
7.2) The use of the Subject Property as contemplated by
Buyer for a retail tire sales and service facility is approved by
the City of Chanhassen; and
7.3) City of Chanhassen acquiring title to the real
property with the tax parcel identification number 25-3500320 on
or before the Closing Date. Buyer's obligation to assign to the
City of Chanhassen its rights to acquire for parcel
identification number 25-3500320 is contingent upon the Buyer's
purchase of the Subject Property as set forth in this Agreement.
If any of the contingencies set forth above have not been
satisfied on or before the Closing Date, the Buyer may, at
Buyer's option, terminate this Agreement by giving written notice
to Seller on or before the Closing Date. Upon such termination,
neither party shall have any further rights or obligations under
this Agreement. Promptly thereafter, the earnest money shall be
CRHP]~ELL, KNUTSON, SCOTT 8, FUCHS, P.R Rug 18,95 9:00 No.O02 P.09
returned to Buyer and the Buyer shall execute and deliver to
Seller a Quit Claim Deed memorializing the termination, The
contingencies set forth above are for the sole and exclusive
benefit of Buyer, and Buyer shall have the right to waive the
contingencies by givin~ written notice to Seller,
~ECTION 8.
SE~LER'$_.CD~_N~_.IN~NCi~S
The obligations of Seller under this Agreement are
contingent upon each of the following:
8.1) Closing on the transaction with Apple American Limited
Partnership for real property adjacent to Subject Property on
terms acceptable to Seller.
8.2) City of Chanhassen acquirin9 title to real property
with tax parcel identification number 25-3500320 on or before the
Closing Date. At the time of Closing on the Subject Property,
Buyer shall assign all right, title and interest to acquire the
foregotDg property to the City of Chanhassen. City of Chanhassen
shall accept such assignment and fully perform all of Buyer's
obligations provided the status of title and terms of said
assignment are acceptable to the City of Chanhassen. The total
amount to be paid by the City of Chanhassen for parcel
identification number 25-3500320 shall not exceed $120,000,00,
If any of the contingencies set forth above have not been
satisfied on or before the Closing Date, the Seller may, at
Seller's option, terminate this Agreement by giving written
notice to Buyer on or before the Closin~ Date. Upon such
termination, neither party shall have any further rights or
ob]].gations under this Agreement. Promptly thereafter, the
earnest money shall be returned to Buyer and the Buyer shall
CAMPBELL, KNUTSON, SCOTT % FUCHS, P.A
i
Au9-18,95 9:01 No .002 P.IO
execute and deliver to Seller a Quit Claim Deed memorializing the
termination. The contingencies are for the sole and exclusive
benefit of Seller, and Seller shall have the right to waive the
contingencies by giving written notice to Buyer.
SECTION 9.
DECLARATION OF. RESTRICTIONS]~ROS8
Prior to the recording of the Warranty Deed contemplated by
this Agreement, Seller shall cause a Declaration~of aestrictions
in the form of Exhibit "D" to be recorded against the Subject
Property ("Declaration") which Declaration restricts the right to
use the Subject Property and limits the use of construction
materials. Prior to or at the time of recording the Warranty
Deed contemplated by this Agreement, Seller shall cause to be
.recorded against the Subject Property a Cross Easement Agreement
for access and parking purposes across and benefitting the
properties depicted on Exhibit "E". Buyer shall accept title
subject to the Declaration and Cross Easements.
BECTiON 10.
10.1) The covenants, warranties and representations made by
Seller shall survive the Closing of this transaction.
10.2) Any notice, demand, or request which may be
permitted, required or ~esired to be given in connection herewith
shall be in writing and sent by certified mail, hand delivery,
overnight mail service such a~ Federal Express, or Wustern Union
telegram or other fo~m of telegraphic communication, directe~ to
Seller or Buyer. Any notice shall be deemed effective when
delivered to the party to whom it is directed, unless other
addresses are g~ven in writing, notices shall be sent to Seller
CRI"iPBELL, KNUTSON, SCOTT & FUCHS, P.R Rug ~8,95 9:02 No.O02 P.11
or Buyer at the applicable address stated on the first page of
this Agreement.
10.3) Time shall be of the essence in this Agreement. If
any date or time prescribed by this Agreement falls on a
Saturday, Sunday or holiday, such date or time shall
automatically be extended to the next normal business day.
10.4) Each party hereto shall promptly, on the request of
the other party, have acknowledged and delivered to the other
party any and all further ~nstruments and assurances reasonably
requested or appropriate to evidence or give effect to the
provisions of this Agreement.
10.5) This Agreement represents the entire agreement of the
parties with respect to the Subject Property and all prior
agreements, understandings, or negotiations between the parties
are hereby revoked and superseded hereby. No representations,
warranties, inducements, or oral agreements have been made by any
of the parties, except as expressly set forth herein, or in other
contemporaneous written agreements. This Agreement may not be
changed or modified except by a written agreement signed by
Seller and Buyer. .
10.6) If Buyer defaults under any of the terms hereof,
Seller shall have the right, in addition to whatever other
remedies are available to Seller at law or in equity, including
without limitation, specific performance, damages, including
attorney's fees, to cancellation of this A~reement.
10.7) If Seller defaults under any of the terms hereof,
includin9, without limitation, the delivery of marketable title
to the Subject Property as set forth in Section 4 hereof, then
CAMPBELL, KNUTSON, SCOTT
·
Aug 18,95 9:02 No.O02 P.12
Buyer shall have the right, in addition to whatever other
remedies are available to Buyer at law or in equity, including
without limitation, specific performance, damages, including
attorney's fees, to cancellation of this Agreement.
10.8) If any provision of this Agreement is declared void
or unenforceable, such provision shall be deemed severed from
this Agreement, which shall otherwise remain in full force and
effect.
10.9) Failure of any party to exercise any right arising
out of a breach of this Agreement shall not be deemed a waiver of
any right with respect to any subsequent or different breach, or
the continuance of any existing breach.
10.10) This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
personal representatives, successors and assigns.
iN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
BUYER~
TIRES PLUS GROUPE LTD.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR
THE CITY OF CHANHASSEN
By:
Its
By:
Chairperson
By:
By:
Executive Director
Ths undersigned, on behalf of the City of Chanhassen hereby
consents to the terms and conditions of this Purchase Agreement.
. CITY OF CHANF. ASSEN
By:
Mayor
By:
City Manager
STATE OF MINNES6TA )
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1995, by
and by . , the and
of TIRES PLUS GROUP LTD., a
under the laws of the State of Minnesota, on its behalf.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
This instrument was acknowledged before me this day of
~~Per~'-A-~--_, 1995 by the
.................. , the Executive Director,
for the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF CHANHASSEN, a public body corporate and politic unde~ the laws
of the state of Minnesota.
~otary Public
THIS INSTRUMENT WAS DRAFTED BY:
,
CAMPBELL, KNUTSON, SCOTT & FUCMS, P.A.
317 ~agandale Office Center
1380 Corporate Center Curve
Bagan, MN 55121
Telephone: (612) 452-5000
JRW
27535
£I'd gOO'ON £0:6 ~6'8I
U' d 'SH3fl-.I '8 1103S 'NOSIr'IN>I ' "'l-I':lE[dl,,ild3
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Aug 18,95 9:05 No.002 P.14
EXHIBIT
_ESTATE PURCHASE A~REEMENT
That part of Lot 2, Block 1, CROSSROADS PLAZA SECOND ADDITION,
according to the plat thereof and on file in the County
Re¢order's office, Carver County, Minnesota, described as
follows ..
Beginning at the northwest corner of said Lot 2; thence
easterly on an assumed azimuth from north of 79 degrees S1
minutes 20 seconds, along the north line of said Lot 2
distance of 230.00 feet; thence southerly 169 degrees 04
minutes 54 seconds azimuth 133.00 feet; thence westerly 259
degrees 31 minutes 20 seconds azimuth 230.00 feet to the
westerly line of Lot 2; thence northerly 169 degrees 04
minutes 54 seconds azimuth along said westerly line 133.00
feet to the point of beginning.
to be platted a~ Lot 1, Block 1, Crossroads Plaza 3rd'
Addition
ABSTRACT and TORRENS CERTIFICATE NO. 21174
CRHPBELL, KNUTSON, SCOTT 8, FUCHS, P,R Rug 18,95 9:04 No,O02 P,15
EXHIBIT "B"
to
REAL ESTATE PURCHASE AOREEMENT
CAMPBELL,
KNUTSON, SCOT. T 8, FUCHS, P.A Aug 18,95 9:04 No.O02
MINNESOTA DEPARTMENT OF HEALTH
'f,'lK M4.~m~M l)ml. !1'~, "' '~i'f, '[:'lll S:,UI~iI, I. P ~) Ill Jl~4~l IA.i*ql~qla~. ~t~J Jl~fjJ-iI~" tt~, ~.2~r-;I,~ ~ I-~A~-~] f't;I
WELL DISCLOSURE CERTIFICATE~,,,~
PLEA$£ TYPE OR PRINTALL II~£ORMATIOtl
fi/lng deed must allacfl a $20 fee payable Io lfle county recorder.
P.16
· A, PROPERTY DESCRIPTION
AMach a legal description of the property if the property does not have a lot number, block number,
and addition, name. _ .....
i
__
"STREE-T XDDRE~ --' '"
CITY
ST~E
Zm-C~bE-
B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING
-~-jj~;T NAI~£ MIDDLE INITIAL LAST NAME
COMPANY NAME (IF APPLICABLE)
)DRESS
ADDRESS
crrY
C. CERTIFICATION BYSELLER
SIA~E
ZIP CODE
TELEPHONE NUi~I~ER
(
I ceMlf3f 1hat 1he Information provided on th]s ceMiflclle is i~ccutale and compltle 1o the best of ml knowledge.
~lgn~(uie- 6fSe~gr-~t-Oesi~n-~d-Rept~$enl~'d~-~f ~eiler
11 - --- il
.......
D. CERTIFICATION BYBUYER
The b~er or person suthorlted to act on behatl gl the b~er, must sion IL Weft Disclosure Cerlill~te 1or all deeds given in fulfillment of a
contracl for deed ii there Is a well on 1he propedy.
lhe absence 01 a seller'e slgnalure, the buy~r, or puson lulhoflzed 1o sci on behalf o! 1he burr may sign this well certiflr~le.
$1Dnalure Is required by 1he bu),er if 1he seller has signed above.
Based on disclosure lnformallon provided $o me ~ 1he seller or giber available Information, I CeMffy 1hat the Information on this cedific~le
'Is accurale and complele lo the best of my kn~4edD&
CRHPBELL, KNUTSON, SCOTT 8, FUCHS, P.R Rug 18,95 9:05 No.O02 P.17
li.] WELL DISCLOSURE CERTIFICATE .
· (,,.,y ?Lr.,~$£ 7'YP£ OR PRINT ALL INFORMATIOI~
' Fill out a separate well bNrmelion p~ge ff more than ~ wells ere localed on the propedy.
.. , ....
! . i,lr --_-- ,~. ~ Ill ~ II I I
WELL #1
GO-'gI~TY - '-0U~,'RTE'R- ...... SECIION NUI~BER .tOWNSHIP NUI~BER RANGE I,,1UI~BER
.... I , . i il---
WELL OTAT~'8 YE&R ~LL W~ 8EALED (IF XNOWlt)
WELL 15; J~J IN USE (1) ~ NOT IN USE (2) ~ SEALED BY LICENSED WELL CONT~CTOR (31
.... i _. - - -- . _~ ~. ' -- - ......... . ............ ~-_~..~ .......
____
- ~,OUNT9 '" OUAR~ER .... $~IOH hi~I~BER ,tOWN-~il~ NUIviBER ~A~GE ~UMB~'
W~LL 8JAiUS ...... - .................... ' ..... Y[A~-~LL W~ .,LEO (1~ ..~,N)
WELL iS: ~ I~ USE (1) ~ ~OT IN USE (2) ~ SEALED BYLICENSED WELL CONT~CTOR (3)
i_L I ~ RI_ il J t m i _..
WELL #3
C0u~Y -' OUART~R ..... _ .... .___,~EC.t~Or,i I~Uf~,BER 10~i,~'t, HIP NUI~ER ~NGE NUMBER -'
_.
WELL STATU~ ..... YEAR WELL w~
WELL IS: ~ IN USE (1) ~ k~OT IN USE (2} ~ SEALED 8Y LICE/~SED WELL COIVTRAOTOR (3)
..... J~- . .. m ..... ,, ~.. . .~ ..
SKETCH MAP- Sketch the Iocstlon of the well(s) and In=lude estimated dislence$ from roads, streets, end buildings.
IF MORE THAN ONE WELL OH PROPERTY~ USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL.
'To request t'hls document In Bnolher lorm~! cBfl 627-5100 or TDD lhrough Minnesofa Relay Service al (612) 297-$;~$3 or toll free
1-0OO, G27-352g (Greeler M, innesota).
HE. 01~87.03 111J~.R
CPIMPBELL, KNUTSON, SCOTT 8. FUCHS, P.Pi
Rug 18,95 9:06 No.002 P.18
_D.~¢~ARATION_.OF___RZ~TRI
THIS DECLARATION OF RESTRICTIONS (-Declaration") is made as
of this day of ..r---, 1995 by HOUSING AND
~EDEVELO-PMEN~ AUTHOaI~ IN AND F0a THE CITY OF CHAN~A~SEN, &
ubl~c' body corpora=e and olitic under the laws of the state of
PMinnesota (hereinafter cal~ed .Declarant ") .
A. Declarant is the owner in fee simple of certain real
property located in Carver county, Minnesota, legally described
That part of Lot 2, Block 1, CROSSROADS PLAZA SECOND
ADDITION, accordin~ to the plat thereof and on file in the
County Recorder's office, Carver County, Minnesota,
described as follows:
Beginning at the northwest corner of said Lot 2; thence
easterly on an assumed azimuth from north o[ 79 degrees 31
minutes 20 seconds, alon~ the north line of said Lot 2
distance of 230.00 feetl thence southerly 169 degrees 04
minutes 54 seconds azimuth 133.00 feet~ thence westerly
degrees 31 minutes 20 seconds azimuth 2~0.00 feet to the
westerly line of Lot 2; thence northerly 169 degrees 04
minutes 54 seconds azimuth along said westerly line 133.00
feet to the point of beginning.
Said tract contains 0.70 acres.
(hereinafter called the "Subject Property").
B. Declarant also owns in fee sim~le certain real property
adjacent to, and/or in close proximity to, the Subject Property.
NOW, THEREFORE, Declarant ~oes hereby declare that the
Subject Property shall be held, improved and utilized subJec~ to
the following restrictions, which shall perpetually encumber the
Subject Property, shall run with the Subject Property and shall
be binding upon all parties having any right, title or interest
in the Subject Property or any par~ thereof, end ~heir successors
and assigns (any of sa~d parties hereinafter individually called
a .Burdened Party", and collectively called the "Burdened
Par~ie$"), and shall inure to the benefit of Declarant.
,
1. Except as otherwise consented to in writing by
Declarant, the followin~ shall be permitted and non-permitted
Permitted Uses:
Retail shops;
Specialty retail;
Apparel sales;
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Au9 18,95 9:06 No.002 P.19
d !
e .
f %
g.
i ·
Auto service center with no outside storage of
cars, tires or parts (no more than 1);
Day care that would be incorporated in the retail
center/
Restaurant/bar having at least 180 seats (no more
than 2);
Health care facility;
Professional business and administra=ive offices;
or
Dry cleaning.
~on- Permitted
g.
h.
i.
k.
1.
m.
n.
Body shops;
Car/boat/truck/trailer sales;
Car wash;
Convenience store with or without gas pumps;
Fast food restaurants;
Bank;
Equipment rental;
oarden center;
Lumber yard;
Temporary uses of any kind;
Wholesale nursery;
Free-standing day care;
Liquor store; or
Hotels/motels.
2. All exterior surfaces of the building shall be composed
of at least eight percent (80%) face brick, stone or glass. The
following materials shall not be allowed as a visible exterior
application.
a ·
Exposed concrete or "cinder" block;
Decorative concrete block;
Painted brick;
Fabricated/corrugated metal; or
Precast concrete materials.
Ail architectural designs must conform with City of
Chanhassen Ordinance No. 212, amended from time to time.
4. Outside trash containers and satellite dishes or
antennas shall be screened or enclosed as required by Declarant.
Ventilation and air conditioning equipment on the roof of any
building shall be hidden from view by parapets or, if on the
ground, shall be screened or enclosed as required by Declarant.
5. Landscaping installation must be accompanied by an
underground irrigation system and a one year plant guaranty to
cover replacement cost of nonsurviving plants.
6. Declarant, in its sole discretion as the sole
bene~itted party under this Declaration, shall have the right
from time-to-time to modify, alter, amend, supplement or
terminate this Declaration.
CAMPBELL, KNUTSON, SCOTT ~ FUCHS, P.A
· ·
·
Aug 18,95
9:07 No.002 P.20
7. Notwithstanding any provisions herein to the contrary,
this Declaration and the restrictions set forth herein shall
expire on the date which is the thirtieth anniversary of the date
hereof.
8. Plans and any notice required or permitted hereunder to
be sent to Deolarant shall be mailed in a sealed wrapper by
United States regi~tered or certified mail, return receipt
requested, postage prepaid, properly addressed as f. ollows:
Housing and Redevelopment
Authority in and for the
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
or any other address designated by Declarant by recording notice
of such address. Any Plans or notices mailed to Declarant in
accordance with this Section ? shall be deemed to have been
received by Declarant on the date which is the third business day
after any such Plans or notice has been deposited in the mat1.
9. Declarant shall have the right to enforce the
provisions of this Declaration through any proceedings, at law or
inequity, a~ainst any person or persons violating, or attempting
to violate, the provisions of this Declaration, either to prevent
such violation or breach or ~o recover damapes for such violation
or breach.
10. The restrictions contained herein shall be deemed and
construed to be continuing and no waiver of any breach of any of
such restrictions shall be construed to be a waiver of any other
breach of ~he same, nor shall failure to enforce the restrictions
contained herein be construed as a waiver of such restrictions
IN WITNESS WHE~OF, Declarant has made this Declaration as
of the date and year first above written.
HOUSIN~ AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY
By~
~hairperson
~xe6~t-ive Direct~
CPIPIPBELL, KNUTSON, SCOTT t~ FUCHS, P.FI
Rug 18,95 9,'08 No,O02 P,2'I
·
STATE OF MINNESOTA )
COUNTY OF CARVER )
This instrument was acknowledged before me this day of
.............. , 1995 by .... , t-~
~haf~~-n~ and ................. ~he"ExecU~ive Director,
for the ~OUSINa AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF CHANHA~SEN, a public body corporate and politic under the laws
of the state of Minnesota.
No~'~r-y ~dBlic
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
JRW
CAMPBELL, KNUTSON, SCOTT fi, FUCHS, P.FI Rug 18,95 9:08 No.O02 P.22
EXHIBIT ~ E"
to
~E~L ESTATE PUR~SE A(3RE~
Cro~ ~,me_eme~ Amreement
ITY OF
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
TO:
Housing and Redevelopment Authority
FROM:
Todd Gerhardt, Asst. Executive Director
DATE:
August 18, 1995
SUB J:
Take Formal Action Regarding the City Council's Request for the HRA
Members to Resign
Mayor Don Chmiel has asked staff to have the
request for commissioners that are not city
stated in the City Attorney's letter of July 31,
to resign, however, the city council feels it
knowledge and accountability, if the
Staff would suggest that Chairman
issue. Based on the results, staff will
meeting.
each
the
take formal action on the City Council's
to submit their resignations. As
you, this is not a method of forcing you
for public policy, public
how they stand on this
to thc City Council at their next
CAMPBELL, KNUTSON, SCOTT g FUCHS, P.A Aug 18,95 15:18 No.O15 P.02
CAMPBELL, KNUTSON, SCOTT & FUCI:'IS, P.A.
Attorneys at Law
(612) 452.-5000
Fax (612) 452-5550
Andret'~ McI%r~,ell P~,.'hlt'r
Todd L. Ni.,.,,en
Marg,erh e M. McC,nrrt~n
(..k~'~rge T. SIq~llt'll.~)n
July 31, 1995
CHANH. AS~ HOUSING
Gary Boyle, Chairpe~on
James Bohn, Vice-Chairperson
Mik~ Mason, Secretary
Charles Robbins
Don Chmi¢l
Dear HRA Commissioners:
As you know, the City Council has had an ongoing debate over the last several
years as to whether the City Council should be the HRA. At the last City Council
meeting a majority of the City Council decided it would be better public policy, and
would encourage be~r public knowledge, understanding, and participation, as well as
produce better accountability if the Council were the HRA. Consequently, the City
Council has rc. questcA that the Commissioners that are not City Council members submit
their resil~nations. The City Council is not forcing you to resign, however, they
r~spectfully request that you do so to provide an easy and smooth transition.
The City Council wants to cmphasiz~ that your years of dedicated and thoughtful
service arc d~ply appreciated and thanks you for your cooperation in this matter.
Very truly yours,
CAMPBBLL, KNUTSON, $CO'IT
& FUCH$, P.A.
BY:
Roger N."Knutson
Mayor and Councilmembers
Don Ashworth, City Manager
317 * Eagandale (.)ffice ("..e,'~tcr * 1380('.orporate ('.er~ter(.'urve · l'-Sagan, MN 55121
Page: 1
Date: 08/14/95
Invoice #
City of Chanhassen
Detail Claims Roster
Description
Checking Account 1010
BRW - BRW, INC.
07235 PONY/PRISMITH BUILD. DEMOLIT
Total for Vendor: BRW
CAMKNU - CAMPBELL, KNUTSON, SCO~f & FUCHS, P
629013 LEGAL SERVICES
Total for Vendor: CAMKNU
CARTRE - CARVER COUNTY TREAS~R
053195 TAX PYMT ON W VILLAGE HTS 2N
Total for Vendor: CARTRE
i~0RS - EHLERS AND ASSOCIATES
2 TIF
Total for Vendor: EHLERS
FOCONE - FOCUS ONE HOUR PHOTO
6347 FILM PROCESSING
Total for Vendor: FOCONE
GERHAR - TODD GERHARDT
71095 MISCMEETINGS
Total for Vendor: GERHAR
KENNGR - KENNEDY & GRAVEN
1300006 SERVICES
Total for Vendor: KENNGR
PETPRI - PETERS, PRICE & SAMSON
REPLAT SURVEY
Total for Vendor: PETPRI
Amount
183.28
183.28
267.00
267.00
37.40
37.40
262.50
262.50
19.37
19.37
34.12
34.12
1,386.00
1,386.00
2,405.00
2,405.00
Page: 2
Date: 08/14/95
Vend #
Invoice #
City of Chanhassen
Detail Claims Roster
Description
Amount
Total for Checking Acoount: 1010
4,594.67
** Total **
$4,594.67
ITY OF
..
690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317
(612) 937-1900 · FAX (612) 937-5739
August 7, 1995
Mr, Tom McCrossan
C. S. M¢Crossan Construction, Inc.
Box 1240
7865 Jeff,'son Highway
Maple Grove, MN 55369
Re: Great Plains Boulevard/Market Boulevard Geometric Revisions - Project No. 92-3-10
Dear Tom: ~ .
At their regular meeting on Thursday, June 22, 1'.~95, th'~.. City of Chanhassen HRA approved your bid
proposal (fa.xed to the City of Chanhassen on J.~une 22, '.'~_ 5 from SRF) in the amount of $45,738.15
(based on estimated quantifies) to perform the~-d~'eat Plain~.-,Boulevard and Market Boulevard geom~qric
visions as depicted in SRF's report dated Mar~ 1, 1995. '~'.~t is understood that payment will be made
based on actual quantifies and the unit pri~?'~:'~ you have su~nitt~d.~ Please consid~ this letter formal
.... ~-~ . ~.~-:' .
notw~ to proc~xl with the c~mpletion of ~.o:~omm~tioned w~rk. Upon ~mpl~on of the work, plo~e
~nvo~ the HRA to my attt~ttmn. If you ~ave ~ny questtons, p~ .o~e feel fr~ to ~nt~t myself or Charles
Folch. .~,- ~.
:- -~.~
Sine. rely, /"';'-"~ '~"~'~
'~.-
·
· .
CITY__ OF C HANHAS SEI~'Y~'~' ' ' ' ;''~' ' ="~
- - '.~-~..,..... ~.,;~.
.... ..~.:; .... ..~-. ~.~::...;.~...:.::.....~..-.,-:.;-;~_,~;~,..-',.~?~'~'.-'.._.:.
.......... ........
Don Ashworth ' '":':~-' "'-:-?_-.-.:-:. ':.'?':-'..
City Manager and -': '-.'---' ............
Executive Dir~tor of the HRA ..... :: ''~'~'~ .,: '.-'i :i;-:':..,-..-.,'.-~'~ .......
DA:CF:ktm
Todd C.~rhmlt, Assistant City Man~
Charles Folch, Director of Public Works
Jim Dvorak, SRF
David Juliff, $RF